DEEN, Presiding Judge.
1. Affidavits opposing the grant of summary judgment "may be served not later than one day before the hearing unless a different period is fixed by ... order of the court." Code § 81A-106 (d), and see Code § 81A-156 (c). The court is vested with a discretion to consider affidavits not so served, and if he does so there is no requirement that a writing to that effect appear in the record. Liberty Nat. Life Ins. Co. v. Houk, ...
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