Q: Does this mean no Motion for Summary Judgement will be allowed by either party?
I am the Plaintiff. My attorney cancelled mediation and told me the court required a Motion for Summary Judgement must be filed. The Defendant filed an MSJ before my attorney. At a Motion to Continue hearing the result was an Order "to Vacate and Mediate".
Two hearings set for Motion for Summary Judgment show "Vacated". Dates for a Pre-trial Conference and Court Trial - Civil have been set.
A: It is difficult to second-guess attorneys or their strategies. Since the Rules of Evidence and Procedure to not allow for "trial by ambush," all trial exhibits and evidence intended to be used by either side must be disclosed some months before trial. Having received a list of this evidence by both sides, the court may have felt like the matter was "ripe" for adjudication, that is, the court had the opportunity to read the Complaint and the Answer and Counterclaim, and based upon this, the Court believed that he had enough "agreement" on so-called, "contested facts," that the Court, who is under constant pressure to resolve civil cases within 180 days, believed that it could rule on the matter? It's hard to say? Why don't you discuss this with your attorney? Why did you file a Motion for Summary Judgment? Why did the other side file a Motion for SJ? Why is the Court forcing this to trial? What's going on? These are some good questions that your attorney may be able to answer for you that I obviously can't. Good luck to you!
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.
