Time

4.1. Motions to extend time. (a) Procedure. After an action has been designated as a mandatory complex business case or assigned to a Business Court judge under Rule 2.1 of the General Rules of Practice, all motions to extend a deadline prescribed or allowed by these rules, by the Rules of Civil Procedure, or by court order must be filed with the Court. If the action has been designated as a mandatory complex business case but has not yet been assigned to a particular Business Court judge, then the motion must be submitted to the Chief Business Court Judge. (b) Basis. A motion to extend a deadline must demonstrate good cause and comply with BCR 7.3. (c) Effect. Except as to deadlines set by court order, including deadlines for the completion of fact and expert discovery, the timely filing of a motion to extend time automatically extends the time for filing or the performance of the act for which the extension is sought until the earlier of the expiration of the extension requested or a ruling by the Court. If the Court denies the motion, then the filing is due or the act must be completed no later than 5:00 p.m. Eastern Time on the second business day after the Court issues its order, unless the Court’s order provides a different deadline. (d) Modifications by the Court. The Court may modify a deadline on its own initiative, unless a rule or statute prohibits modification of the deadline. (e) Deadlines imposed by an order of the Court. A deadline that has been set or modified by an order of the Court may be extended 10 TOC Rule 4 only by a further order of the Court. The parties may not act unilaterally under BCR 4.2(b) or (c) to extend the deadline. 4.2. Extensions of time that do not require a motion. (a) Documents due within twenty days of designation. If any statute, rule of procedure, Business Court Rule, or court order requires the filing or service of any document fewer than twenty days after the designation of an action as a mandatory complex business case or the assignment of an action to a Business Court judge under Rule 2.1 of the General Rules of Practice, then the time for filing or service of that document is automatically extended to the twentieth day following the designation, unless a Business Court judge orders otherwise. This rule does not apply to a deadline that, by rule or statute, cannot be extended and is subject to modification by court order. (b) Responses to pleadings. Following the procedure found in Rule 6(b) of the Rules of Civil Procedure, the parties may enter into binding stipulations to extend a deadline to respond to a pleading. When this occurs, the parties must file a Notice of Stipulation that informs the Court of the new deadline. The deadline may not be extended, in the aggregate, more than 30 days. (c) Responses to written discovery requests. Without notifying the Court, the parties may agree to extend a deadline to respond to a written discovery request. The parties may not extend the deadline beyond the discovery period specified in the Court’s Case Management Order. History Note. 372 N.C. 911; 372 N.C. 844; Order Dated 20 August 2025.