Q: Can a judge refuse to hear or rule on a motion for summary judgment?
I filed a motion for summary judgment on my petition and when I asked for hearing time for the motion, the judge instead issued an order for trial and ignored my request for hearing time. I believe that per rule 12.510 and rule 1.510 and rule 56 that the opposing party must respond and the judge must rule and state his reasons on the record. He can't just ignore it can he? And he must give me a hearing for a motion for summary judgment right?
A: Family cases are a little different than regular civil cases. At the trial you can argue your summary judgment motion; however, the judge will probably consider your arguments together with everything else that is presented at the trial. Speak with a local family lawyer for more specific advice.
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