Can I get a continuance on the 10 days that I have to answer a motion for summary judgment?

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Can I get a continuance on the 10 days that I have to answer a motion for summary judgment?

I am in the process of completing the paperwork for a Chapter 7 bankruptcy ($130,000 in credit card debt) in UT. I expect to have it done in days. I received paperwork last Saturday for a Motion for Summary Judgment (from 1 creditor) that only gives me 3 more days to reply. Can I somehow extend the time (continuance for a week or so) to reply so the judgment will happen after the papers have been filed? A wage garnishment would really hurt.

Asked on December 15, 2010 under Bankruptcy Law, Utah

Answers:

S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

Just ask the other party's attorney (or the other party if there is no attorney) for an extension of time to respond to the Motion for Summary Judgment, emphasizing that you received the motion three days before it was due.  Most likely, the other party will agree to some additional time.

If the other party does not agree to an extension of time, you could file a declaration signed under penalty of perjury with the court requesting a continuance.  Your argument for a continuance should be that you only had three days to respond to the motion for summary judgment.  The amount of time to respond to the motion for summary judgment varies from state to state, but most likely your state allows much more time than three days to respond.  At the law library, look for motion for summary judgment in the index of Pleading and Practice.  The information on the amount of time that Utah requires for a response to a motion for summary judgment should be there.  Also, look in the index of Pleading and Practice for continuance to see what documents you need to file with the court to request a continuance.


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