Ketner v. Rouzer

PARKER, Judge.

Rule 56 of the Rules of Civil Procedure, G.S. 1A-1, Rule 56, relating to summary judgments, contains the following:

“Rule 56. Summary Judgment.

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“(b) For defending party. — A party against whom a claim, counterclaim, or crossclaim is asserted or a declaratory judgment is sought, may, at any time, move with or without supporting affidavits for a summary judgment in his favor as to all or any part thereof.

“(c) Motion and proceedings thereon. — The motion shall be served at least 10 days' before the time fixed for the hearing. The adverse party prior to the day of hearing may…