State v. West

MARTIN, Judge.

It appears that plaintiff complied with G.S. 1A-1, Rule 7 (b) (1), requiring that motions made prior to a hearing or trial be in writing, and G.S. 1A-1, Rule 56(c) relating to service of motions for summary judgment. The record does not reveal that defendant filed affidavits in opposition to plaintiff’s motion.

Under Rule 56(e)

“[w]hen a motion for summary judgment is made and supported as provided in this rule, an adverse party may not rest upon the mere allegations or denials of his plead*436ing, but his response, by affidavits or as otherwise provided in this rule, must set forth…