continuance hearing (North Carolina) · Go Syfert
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continuance hearing in North Carolina

7 North Carolina opinions name it 2 courts 1940–2026 2 in the last five years

The cases below were cited by North Carolina courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (4)

CaseFollowedCited
In re E.H.P.green
nc · 2019 · cited in 1 North Carolina opinions naming this issue, 2026–2026
1 sentence

2026A. Termination of Parental Rights “We review a trial court’s adjudication under N.C.G.S. § 7B-1111 ‘to determine whether the findings are supported by clear, cogent and convincing evidence and the findings support the conclusions of law.’ ” In re E.H.P., 372 N.C. 388, 392 (2019) (quoting In re Montgomery, 311 N.C. 101, 111 (1984)).

11
Matter of Montgomerygreen
nc · 1984 · cited in 1 North Carolina opinions naming this issue, 2026–2026
1 sentence

2026A. Termination of Parental Rights “We review a trial court’s adjudication under N.C.G.S. § 7B-1111 ‘to determine whether the findings are supported by clear, cogent and convincing evidence and the findings support the conclusions of law.’ ” In re E.H.P., 372 N.C. 388, 392 (2019) (quoting In re Montgomery, 311 N.C. 101, 111 (1984)).

11
In re L.E.M.green
nc · 2019 · cited in 1 North Carolina opinions naming this issue, 2025–2025
2 sentences

2025Opinion of the Court [M]other’s parental rights.” When a no-merit brief is filed under Rule 3.1(e) of the North Carolina Rules of Appellate Procedure, this Court must “conduct an independent review of the issues set out in the no-merit brief filed by respondent’s counsel.” In re L.E.M., 372 N.C. 396, 402 , 831 S.E.2d 341, 345 (2019).

2025Opinion of the Court [M]other’s parental rights.” When a no-merit brief is filed under Rule 3.1(e) of the North Carolina Rules of Appellate Procedure, this Court must “conduct an independent review of the issues set out in the no-merit brief filed by respondent’s counsel.” In re L.E.M., 372 N.C. 396, 402 , 831 S.E.2d 341, 345 (2019).

11
Belcher v. Fleetwood Enterprises, Inc.green
ncctapp · 2004 · cited in 1 North Carolina opinions naming this issue, 2009–2009
1 sentence

2009App. 80, 84 , 590 S.E.2d 15, 18 (2004) (holding that plaintiffs could not complain that they had insufficient time to produce evidence where the trial court transformed defendants’ Rule 12(b)(6) motion into a motion for summary judgment because plaintiffs “fully participated in the hearing” and did not request a continuance at the hearing).

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in North Carolina. Read the followed side critically anyway.

Also cited on this issue (6)

CaseCitedYears
American Trust Co. v. Nicholson neutral
· 1913
2 sentences

1940A similar rule applies where defendant has requested and the court has given time to file answer; Garrett v. Bear , 144 N.C. 23 , 56 S.E. 479 ; Oettinger v. Livestock Co. , 170 N.C. 152 , 86 S.E. 957 ; Trustees v. Fetzer , 162 N.C. 245 , 78 S.E. 152 ; and there is no reason why it should not apply in the present similar situation, which involves considerations of less importance.

1940A similar rule applies where defendant has requested and the court has given time to file answer; Garrett v. Bear, 144 N. C., 23 , 56 S. E., 479 ; Oettinger v. Livestock Co., 170 N. C., 152 , 86 S. E., 957 ; Trustees v. Fetzer, 162 N. C., 245 , 78 S. E., 152 ; and there is no reason why it should not apply in the present similar situation, which involves considerations of less importance.

21940–1940
Trustees of Catawba College v. Fetzer neutral
· 1913
2 sentences

1940A similar rule applies where defendant has requested and the court has given time to file answer; Garrett v. Bear , 144 N.C. 23 , 56 S.E. 479 ; Oettinger v. Livestock Co. , 170 N.C. 152 , 86 S.E. 957 ; Trustees v. Fetzer , 162 N.C. 245 , 78 S.E. 152 ; and there is no reason why it should not apply in the present similar situation, which involves considerations of less importance.

1940A similar rule applies where defendant has requested and the court has given time to file answer; Garrett v. Bear, 144 N. C., 23 , 56 S. E., 479 ; Oettinger v. Livestock Co., 170 N. C., 152 , 86 S. E., 957 ; Trustees v. Fetzer, 162 N. C., 245 , 78 S. E., 152 ; and there is no reason why it should not apply in the present similar situation, which involves considerations of less importance.

21940–1940
Oettinger v. Hill Live Stock Co. green
nc · 1915
2 sentences

1940A similar rule applies where defendant has requested and the court has given time to file answer; Garrett v. Bear, 144 N. C., 23 , 56 S. E., 479 ; Oettinger v. Livestock Co., 170 N. C., 152 , 86 S. E., 957 ; Trustees v. Fetzer, 162 N. C., 245 , 78 S. E., 152 ; and there is no reason why it should not apply in the present similar situation, which involves considerations of less importance.

1940A similar rule applies where defendant has requested and the court has given time to file answer; Garrett v. Bear, 144 N. C., 23 , 56 S. E., 479 ; Oettinger v. Livestock Co., 170 N. C., 152 , 86 S. E., 957 ; Trustees v. Fetzer, 162 N. C., 245 , 78 S. E., 152 ; and there is no reason why it should not apply in the present similar situation, which involves considerations of less importance.

21940–1940
Garrett & Co. v. Bear green
nc · 1907
2 sentences

1940A similar rule applies where defendant has requested and the court has given time to file answer; Garrett v. Bear, 144 N. C., 23 , 56 S. E., 479 ; Oettinger v. Livestock Co., 170 N. C., 152 , 86 S. E., 957 ; Trustees v. Fetzer, 162 N. C., 245 , 78 S. E., 152 ; and there is no reason why it should not apply in the present similar situation, which involves considerations of less importance.

1940A similar rule applies where defendant has requested and the court has given time to file answer; Garrett v. Bear, 144 N. C., 23 , 56 S. E., 479 ; Oettinger v. Livestock Co., 170 N. C., 152 , 86 S. E., 957 ; Trustees v. Fetzer, 162 N. C., 245 , 78 S. E., 152 ; and there is no reason why it should not apply in the present similar situation, which involves considerations of less importance.

21940–1940
Diaz v. Division of Social Services green
nc · 2006
1 sentence

2007Indeed, ex parte proceedings are specifically defined as those "[d]one or made at the instance and for the benefit of one party only, and without notice to, or argument by, any person adversely interested; of or relating to court action taken by one party without notice to the other, usu[ally] for temporary or emergency relief. " Id. at 616, 628 S.E.2d 1 (emphasis added).

12007–2007
Department of Transportation v. Bollinger green
ncctapp · 1996
2 sentences

2002Defendants have failed to show how they have been prejudiced by the trial court's" treating evidence "as an amendment to the pleadings." Id.

2002Defendants have failed to show how they have been prejudiced by the trial court’s” treating evidence “as an amendment to the pleadings.” Id.

12002–2002

Statutes the citing opinions construe

NC § N.C. Gen. Stat. § 1A-1 (3)

Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.

Where else courts name it

CA 142 (1898–2026) TX 43 (1951–2025) GA 40 (1923–2021) OH 37 (1962–2026) IL 32 (1970–2025) FL 30 (1966–2026) NY 27 (1867–2022) WA 23 (1980–2026) LA 22 (1951–2024) AL 21 (1975–2025) MS 19 (1955–2022) PA 18 (1933–2026) AR 17 (1970–2025) IN 14 (1978–2026) CO 14 (1968–2025) IA 13 (1933–2023) NE 13 (1914–2023) MO 13 (1904–2020) KS 10 (1953–2021) OR 10 (1935–2025) NM 10 (1966–2020) KY 9 (1913–2025) OK 8 (1911–2022) CT 8 (1947–2025) MT 7 (1930–2018) TN 7 (1984–2024) NC 7 (1940–2026) MD 6 (1984–2024) SC 6 (2002–2022) MA 6 (1896–2008) MI 5 (1969–2017) WV 5 (1968–2025) WY 5 (1978–2020) AZ 5 (1938–1991) MN 4 (1903–1996) DC 4 (1953–1996) DE 4 (1994–2022) RI 4 (1987–2018) VA 3 (1997–2009) NJ 3 (1967–2019) UT 3 (2014–2020) ME 3 (1978–2010) AK 2 (1976–1990) HI 2 (2007–2023) NH 2 (1962–2019) ND 2 (1991–2014) WI 2 (2004–2004) ID 2 (1973–1981)

Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.

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