Short Answer

In North Carolina civil cases, if you miss the deadline to sign a required verification (most commonly the sworn signature on answers to interrogatories), the other side can treat your responses as incomplete and ask the court to compel a proper, signed verification and award fees. You can usually cure the problem by promptly serving a signed verification and, if the deadline has passed, asking the court for permission to file late based on excusable neglect. Repeated or willful delays can lead to sanctions.

Understanding the Problem

You’re involved in a North Carolina personal injury lawsuit and you served answers to written discovery. The rules require you—not just your lawyer—to sign a verification for certain responses. You want to know: if I miss the deadline to sign the verification, can I still fix it, and what are the consequences in court?

Apply the Law

Under North Carolina civil procedure, answers to interrogatories must be signed under oath by the person answering, and objections are signed by the attorney. If you miss the verification deadline, your interrogatory responses are treated as incomplete or not fully served, and the opposing party may move to compel a proper verification and seek expenses. Courts can extend deadlines after they expire if you show excusable neglect, and they may strike unsigned papers unless the omission is corrected promptly. Motions are filed in the county where your case is pending, through the Clerk of Superior Court for the Superior Court or District Court division handling your case. The core timing trigger is typically 30 days after service of the interrogatories.

Key Requirements

• Verification required for interrogatories: Your answers must be sworn and signed by you; your lawyer’s signature alone is not enough.
• 30-day response window: You generally have 30 days from service to serve verified answers (method of service can alter this).
• Unsigned = incomplete: Unsigned or unverified interrogatory answers can be treated as not properly served.
• Motion to compel and fees: The other side may ask the court to order a signed verification and to award reasonable expenses.
• Fix promptly or seek leave: Cure quickly by serving the signed verification; if the deadline has passed, request an extension based on excusable neglect.
• Risk of sanctions for noncompliance: Continued failure after a court order can lead to stronger sanctions.

What the Statutes Say

• North Carolina Rule of Civil Procedure 33 (Interrogatories to parties) — Requires party answers and verification; sets response timing.
• North Carolina Rule of Civil Procedure 6(b) (Enlargement of time) — Allows extensions after a deadline for excusable neglect.
• North Carolina Rule of Civil Procedure 11(a) (Signing of papers) — Unsigned papers may be stricken unless the omission is corrected promptly.
• North Carolina Rule of Civil Procedure 37 (Failure to make discovery) — Provides motions to compel and sanctions, including expenses.

Analysis

Apply the Rule to the Facts: With no additional facts, the default result is that missing the verification deadline makes your interrogatory responses incomplete. The opposing party can move to compel a signed verification and ask for costs. If you act quickly and serve the signed verification, and if necessary file a short motion explaining excusable neglect (calendaring error, misunderstanding, or similar), courts commonly allow late verification and focus on curing prejudice.

Process & Timing

1. Who files: The party who missed the verification files a motion to extend time nunc pro tunc under Rule 6(b) if the deadline passed, and immediately serves the signed verification. Where: With the Clerk of Superior Court in the county where the case is pending, for hearing by the trial judge. What: Motion to Enlarge Time and accompanying proposed order; serve corrected, verified answers. When: Act promptly after realizing the omission; the original interrogatory deadline is typically 30 days from service.
2. If the opposing party files a Rule 37 motion to compel, the court will set a hearing. Expect the court to order you to serve a proper verification by a set date and to consider awarding the other side reasonable expenses if your delay lacked substantial justification.
3. Final step and outcome: Serve the signed, notarized verification (or permitted declaration) with your interrogatory answers. The court enters an order resolving any motion to compel and, if appropriate, addresses expenses. The case proceeds on the merits.

Exceptions & Pitfalls

• Requests for admission are different: failing to timely answer can result in deemed admissions. An unsigned or late response may not prevent admissions; seek relief under Rule 36(b) if this occurs.
• Service method matters: mail or certain electronic service can add or adjust time. Confirm how you were served before calculating the due date.
• Court orders control: if a judge already ordered a verified response by a specific date, missing that date risks sanctions beyond fees.
• Don’t rely on counsel’s signature alone: for interrogatories, the party’s sworn verification is required; objections can be signed by counsel.
• Fix it fast: courts are more likely to forgive a short, promptly cured lapse than prolonged inaction.

Talk to a Personal Injury Attorney

If you’re facing a missed verification deadline or discovery dispute, our firm has experienced attorneys who can help you understand your options and timelines. Call us today at 919-313-2737.

Disclaimer: This article provides general information about North Carolina law based on the single question stated above. It is not legal advice for your specific situation and does not create an attorney–client relationship. Laws, procedures, and local practice can change and may vary by county. If you have a deadline, act promptly and speak with a licensed North Carolina attorney.