Post Falls, ID asked in Civil Litigation for Idaho

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.

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1 Lawyer Answer
Kevin M Rogers
Kevin M Rogers
  • Boise, ID
  • Licensed in Idaho

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!

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