Q: Timing for responding to a Motion for Summary Judgment before pre-trial hearing.
I am responding to a Motion for Summary Judgment that was given to me 5 days before the pre-trial hearing. I thought the Motion for Summary Judgment needed to be submitted to the court 30 days before the pre-trial hearing. Is this correct?
A: Not exactly. Rule 6.6 of the Uniform Superior Court Rules provides "[m]otions for summary judgment shall be filed sufficiently early so as not to delay the trial. No trial shall be continued by reason of the delayed filing of a motion for summary judgment." The fact that the MSJ was filed just 5 days before the pre-trial hearing means the motion cannot be heard at that hearing as the law provides you must have 30 days to respond. Rule 6.2 of the Uniform Superior Court Rules. If trial is slated to go forward less than 30 days from when the motion was filed, you can argue it should be denied for being untimely under Rule 6.6.
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