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Question: Business - Ohio

Asked on 11/6/2009
If you are not notified of a motion for summary judgement, can you do anything? Grounds for appeal?
A judgement for summary judgement was issued on behalf of the plaintiff. I thought a any motion must be served upon the defendant within 14 days of the hearing date. I never receieved notice.

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Answers (1):

B. B., Member in Good Standing of the New Jersey Bar


If you have a copy of the motion papers against you, but just got them now after the motion was granted and never got them before, you make an immediate motion to the court, to vacate the decision for lack of service of the motion, setting a new return date and giving you time to file responding papers.  Your motion will be stronger if you can explain why you believe you'll be able to defeat summary judgment if given the chance.

A summary judgment motion says that based on facts that nobody can really argue about, the moving party has to win, as a matter of law.  You resist that motion either by showing that there really is a genuine dispute, about one or more of the material facts, or by showing that the legal reasoning of the motion is wrong, or both.



  • Answered on 11/6/2009
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