If a motion for summary judgement was denied and the motion is now sealed, do I have a chance of having this case dismissed?
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If a motion for summary judgement was denied and the motion is now sealed, do I have a chance of having this case dismissed?
A motion for summary judgement was filed in a case against me, it was denied (the exhibits contained personal info) Can I move to dismissal? Not sure what my next step should be.
Asked on July 24, 2011 Connecticut
Answers:
FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
When a motion for summary judgment is denied, it means that the court has found a triable issue of material fact exists warranting the case going to trial before a judge or jury.
A motion for summary judgment is filed either by the plaintiff or the defendant with the purpose of showing the judge that there are no undisputed material facts as to either the plaintiff's claims or defenses of the defendant, and as a matter of law, a judgment should either be awarded for the plaintiff or the defendant depending on the basis for the motion.
You can ask for a dismissal of the case, but at this stage of it, its chances of success do not seem great. It seems that you are heading for trial in a court room. If you do not have an attorney representing you, you might consider consulting with one about your case.
Good luck.
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