If you are not notified of a motion for summary judgement, can you do anything? Grounds for appeal?
Question Details: 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.
Business Law Answers
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.
Related Business Questions
Didn't find your answer? Ask.
Top Ranking Attorneys
- Hong Shen206 Answers|Points 10300Gold Contributor
- Joseph Gasparrini46 Answers|Points 2200Bronze Contributor
- Kelly Broadbent81 Answers|Points 4000Silver Contributor
- Russ Pietryga66 Answers|Points 3250Bronze Contributor
- Shawn Jackson17 Answers|Points 850Bronze Contributor
- Glenn M. Lyon, Esq.26 Answers|Points 1280Bronze Contributor
- Hong Shen206 Answers|Points 10300Gold Contributor
- Kelly Broadbent81 Answers|Points 4000Silver Contributor
- Russ Pietryga66 Answers|Points 3250Bronze Contributor
- Sharon Siegel62 Answers|Points 3090Bronze Contributor
- Michael D. Siegel56 Answers|Points 2750Bronze Contributor
- Paula McGill50 Answers|Points 2500Bronze Contributor
Are you a lawyer?Want to be featured here? Sign up for a free profile and get started today! Click Here
 |