Brookhaven, MS asked in Contracts for Mississippi

Q: Can a Judge refuse to hear a Motion for Summary Judgment once it has been responded to and set for hearing?

I filed a Petition and served discovery in November 2018 on a Breach of Contract matter. The person was record and it was transcribed and used as an Exhibit to my Motion. The other party never started discovery but responded to the Motion Summary Judgment. Four days before the hearing, they filed a Motion to Compel discovery that was never sent (to delay my Motion). They told the Judge they didn't. The Judge refused to hear my Motion and compelled me to respond to their discovery as they hand me the discovery in the hearing. (1) Can he refuse to hear a Motion that was responded to? They never filed an affidavits whatsoever (a) saying they needed more time; (b) none was attached to the Motion to Compel; (c) they never indicated in the Opposition or Compel Motion that they needed more time. (2) Can I file an Appeal on the Judge refusing the hear a Motion that was responded to (3) Do I file a Petition asking to file an Interluctory Appeal? Please advise. Thanks... Pro Se

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1 Lawyer Answer

A: This is a public forum where experienced lawyers donate their valuable time to answer real legal questions about important matters of general interest to the public. All questions asked are not going to be answered; some are way too complicated to answer online; others are not answered because they are not deemed important enough to answer. Your multi-question request falls into the first category; it also clearly demonstrates that you--acting pro se in a complicated situation--are miles below the surface of the ocean of law. Hire a lawyer to try to rescue you.

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