Saturday, February 18, 2012

How much time do I have to resond to a motion for summary judgement?

I filed two previous motions -one to exclude evidence and one to compel requests for production. There has been no ruling by the judge. The key issue being that I wanted to exclude prejudicial documents from the defendant's motion for summary judgement but they included them anyway-without a ruling from the judge. Do I respond to the motion or wait for the ruling ?How much time do I have to resond to a motion for summary judgement?You still respond to the MSJ.



To prevail, the defendant has to convince the judge that, even if EVERYTHING you claim was true, you would still have no case.



The time to object to the defendants documents as prejudicial, or to compel production, is when/if the case goes to trial.



Remember, the MSJ requires him to convince the judge that you have NO CASE - not that he has a defense to your case.



RichardHow much time do I have to resond to a motion for summary judgement?The judge should have ruled on the motions before considering the MSJ. Check the clerk of courts website if you have not already done so to see if any entries were made. Or call the clerks office or go their personally, to get an explaination.

Your objections should be included in your Plaintiff's Reply to Defendant's Motion for Summary Judgement

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