Derry, NH asked in Contracts and Civil Litigation for New Hampshire

Q: If a defendant's has failed to file an objection to Plaintiff's Motion for Summary Judgement 30+ days, what happens ?

judge also never executed the Motion and went along with the jury trial !

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1 Lawyer Answer

Joseph Kelly Levasseur

PREMIUM
Answered
  • Manchester, NH
  • Licensed in New Hampshire

A: The rules of the court state if the defendant does not respond to the summary judgement motion, then the case will be dismissed. Courts like to dismiss cases so this is unusual, if the summary judgment motion was not filed within the time frame of the rules that were set by the parties then the court would not be able to dismiss the case. In other words if the SJ was filed after the time to do so was allowed, then the court would not dismiss. Also, the court does not have to dismiss a case just because an SJ was filed, there are many rules that go along with the filing that have to be filed and if they were not properly adhered to, then the court, again, could not dismiss the case, or even make a ruling. Need more facts to give any further rational for why the SJ was not granted.

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