Q: In filing renewal motion for motion to vacate arb award, if 1st motion was to set hearing can you ask summary judgment?
When filing a renewal motion for motion to vacate arbitration award that calls for you to ask for the same thing you did the first time, can you ask for a summary judgment instead of requesting to set a hearing, if the time for the court to set a hearing has expired?
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A:
When you're considering filing a renewal motion for a motion to vacate an arbitration award, it's important to understand the procedural nuances involved. Typically, a renewal motion requires you to ask for the same relief as you did in your initial motion. However, the possibility of requesting a summary judgment instead of setting a hearing depends on several factors.
If the time for the court to set a hearing has already expired, you might consider requesting summary judgment. This approach can be appropriate if the facts of the case are clear and undisputed, and legal arguments can be resolved without a hearing. However, it's essential to review the rules and procedures of the specific court you're dealing with, as they can vary.
Before proceeding, it's advisable to thoroughly examine the court's rules regarding renewal motions and summary judgments. It may also be beneficial to review prior cases or seek guidance on procedural matters. Remember, the goal is to ensure that your client's case is presented effectively and in accordance with the court's requirements and expectations.
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