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 !

Related Topics:
1 Lawyer Answer
Joseph Kelly Levasseur
Joseph Kelly Levasseur
  • 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.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.