Q: Can a scheduling order, requiring ADR pursuant to rule cv-88, be delayed or deterred if a party files a summary judgment
I have a civil case in federal court. A scheduling order has been issued. ADR was mandated. Neither party conferred. Summary judgement was granted in favor of adverse party 6 months after the ADR was supposed to be held. Can the summary judgement be overriden due to failure to comply with the initial court order to ADR?
A:
It is unlikely the summary judgment will be overridden because the parties failed to participate in ADR.
It might have resulted in postponing a ruling on the motion for summary judgment if it had been properly raised as an issue before the ruling was made. The failure to timely raise the issue probably has resulted in a waiver of that argument.
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.
