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Timour v. Pitt County Memorial Hospital

12/1/1998

tiff improperly submitted with her motion, plaintiff specified she was seeking a 120-day extension, rather than the 20-day extension available under Rule 3. Defendant correctly notes that it would be left subject to suit without notice for an additional 120 days should this Court reverse the trial court's order. It suffices to say, however, that modification of the Rules of Civil Procedure is within the province of the General Assembly. Accordingly, we reverse the trial court's order dismissing plaintiff's suit and remand for further proceedings consistent with this opinion.


Reversed and remanded.


Judges LEWIS and MARTIN, John C., concur.




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