Rose v. Guilford County ex rel. Guilford County Commissioners

VAUGHN, Judge.

Plaintiffs’ first argument is that the trial court erred in ruling that plaintiffs’ affidavits, which were filed on the day of the summary judgment hearing, were inadmissible. We do not agree. G.S. 1A-1, Rule 56(c) provides, in part: “The adverse party prior to the day of hearing may serve opposing affidavits.” This rule was explained in Nationwide Mutual Insurance Company v. Chantos, 21 N.C. App. 129, 203 S.E. 2d 421 (1974):

It is clear that opposing affidavits are to be served prior to the day of the hearing. It follows that the clear intent of the legislature is that…