Summary Judgment

Question: What is the next step if the defendants do not respond to a Motion for Summary Judgment in Federal Court in MI Best answer receives the points.

Answer: You have your motion heard without opposition. If it previals then you get a judgement. I am not a lawyer. Only licensed lawyers can give legal advise.

Question: What if the defendants do not answer Plaintiff's Motion for Summary Judgment in Federal Court in MI? Best answer receives the points.

Answer: Defendants lose by default. That means (without having any details) any request the plaintiff made for assets will be approved by the court and a judgment will be issued in their favor. Thanks for the points.

Question: How much time do I have to responde to a summary judgment motion? in arbitration in California?

Answer: Arbitration in California may be bound by the same rules as the Local Rules of Court, or if by agreement, the California Rules of Court. You would need to consult them, if applicable, and find out. Typically, however, you have 30 days. This is not legal advice and I am not an attorney in your state. If you have any questions whatsoever about this situation, you should consult an attorney for advice.

Question: Gov't Property Seizure through Summary Judgment? What are the legal protocols once a municipality seizes property through a court summary judgment? This was a tax lien that the township apparently obtained through the county courts.

Answer: Your question is unclear. The government cannot seize property through a summary judgment. It just doesn't happen that way. I suspect you are thinking of imminent domain but I'm not sure. Maybe you ought to re-post your question.

Question: Summary judgment was granted to the defendant even though the material facts are in dispute.? Summary judgment was granted to the defendant despite the fact that defendant denied most of the material facts stated in the original civil complaint. How do I inform the court of appeals of this fact? (Even if one material fact is in dispute, summary judgement should NOT have been granted, but it was. So, how do I inform the Appellate Court of this fact?)

Answer: Complaint..... allegation of material facts. Answer....included denial of those facts. When the Answer denies ALL facts, you can look for a Motion for Summary Judgment. Here's where you probably lost the case, and probably any chance to appeal: If you didn't respond to that Motion, the court took your failure to respond as admitting the contents of the Motion as true, which means there were no facts in dispute. You did this pro se, didn't you?

Question: Is t possible to fill same motion for summary judgment twice? Is t possible to fill same motion for summary judgment twice? I would like to fill the same motion that I already filled a couple of years ago with the court. The differenceI have more proofs now. Is it possible or etchical to fill two identical motions (same text)?

Answer: I believe that you can. The best thing to do is go down to your court's clerk office & ask them. They usually tell you what you can file and can't. Also, my local courthouse has free legal self help a couple days a week, you could always find out if your court has that & when it is. Best of luck to you!!

Question: what happens during a summary of judgment in court? how long do you get to pay on it? I was a victim of scam. I cashed a check that was sent to me to give most of the money to someone else. I cashed the check through my bank. The bank wants the money back. Before you say it, I have already beaten myself up about it. I know I was stupid and too trusting, but never again. I have saved some money but it is not enough. I am looking for a part time job to pay the bank back. I have considered filing bankruptcy. This situation has me stressed out.

Answer: Bankruptcy judge may not set aside the judgement; it's not a certainty. Usually the court trys to hit a happy medium between what the bank wants and what you can do. More and more of these scams going on; they are a little more forgiving than they used to be I understand

Question: can i appeal a summary judgment? i have plenty of facts to fight my case but because the opposing attn. knows the judge, summary judgment may be handed down anyway.

Answer: Yes, both before and after the summary judgment has been filed BUT - after a summary judgment has been filed it's really difficult, time consuming and you would have to meet all types of requirements in order to succeed. Talk to your attorney if you have one, if you don't have an attorney GET ONE. Judges don't decide cases based on their friendships - if they do they can lose their jobs.

Question: Judging from the summary judgment people are prepared to pass on the McCanns (witness YA), do you think that? the jury system should be abolished? Would be be happy to appear before people who might be like those who have already passed judgment based on hearsay and unfounded rumours and who have already made up their minds even before the facts have emerged? People who appear unable to made the distinction between a moment of poor judgment and actual murder or manslaughter? It is frightening how many people there are in our society who would not look out of place in a spaghetti western lynch mob. Never mind the evidence, I KNOW he's guilty. The recent postings about the McCanns in YA and other websites have certainly been revelatory and helped me understand how easily miscarriages of justice can happen on jury trials. I seriously think that a panel of carefully selected judges would be a safer way of arriving at good verdicts in a democracy. After all, at the highest level of appeal, that's the way it is done.

Answer: Good question. Ima B. Leever rather emphasises the point, though unwittingly I'm sure, that some people cannot keep issues separate in their minds.

Question: Where can I find an example of a Motion for Summary Judgment?

Answer: A motion for summary judgement is where a plaintiff can satisfy the court that there is no defence to the action it will be entitled to get immediate judgement. This application can be made at any time after the writ and statement of claim have been served on the defendant and the defendant has indicated it will defend the action. With this procedure a plaintiff can obtain prompt relief and avoid delaying tactics which may be used by the defendant to prolong the action. Below are some websites I found for you. Go to askjeeves.com and type in "motion for summary judgement" and you will get a bunch of sites to choose from, if the two below do not give you enough information.

Question: number of days the plaintiff can appeal an unfavorable summary judgment decision?

Answer: 30

Question: If a summary judgment is entered against you in Calif. can you appeal? I did not receive the other parties papers asking for this and the judge did not care and entered it anyway. I did not have an attorney. What forms would I use if I can appeal?

Answer: Yes, you can appeal a summary judgement. I strongly suggest that if you wish to appeal you first consult with an attorney. It may not be worth your time. As for the forms, check the California Rules of Civil Procedure. It's a bit different in every state, and California tends to be WAY out there....

Question: What can I do if summary judgment was entered but wasn't given enough time? Basically I get a letter on Feb. 22, 2007 saying the above lawyer was applying for summary judgment and I had 10 days to file an answer. So I file my answer on March 5, 2007 but today get a letter saying that summary judgment was granted and it was filed on 2/27/07. I't also read no oppositon. Apparently I did give an opposition. Some ran serious game on me. Just wondering what can I do. I'm thinking the lawyer sent his motion to me days after he sent it to the courts. Which would mean the judge would rule before he even gets my opposition. His papers had 2 different dates on them. some had 2/9/07 and one had 2/12/07 but the letter was post marked on the 22nd. Any help is appreciated. thanks

Answer: I would suggest that you go to the court house and view your file and look at the Proof of Service (this will tell you the date the other party claimed you where served the Summary Judgment). What usually happens on Summary Judgment matters is the Judge gives what is called a tentative ruling, that comes out the day before the hearing, and if no one called the day before the hearing and say they want to speak with the Judge the following day there will be no actually hearing the tentative rule stands. What I would do is set a motion hearing to set aside the judgment. Go to the law library in your county and I am sure that someone there can help you with the process.

Question: What is motion for final summary judgment in a civil lawsuit case.?

Answer: It is when the judge or court decides on the matter without a full trial, usually when both parties agree on all material facts.

Question: what happens if the court orders a summary judgment without a trial?

Answer: Pay or appeal.

Question: What are the steps of Summary Judgment in U. S. District Court in MI? Best answer receives the points.

Answer: As a Federal Court, they follow the Federal Rules of Civil Procedure. Rule 56 lays out the requirements for Summary Judgment: 1. No issue of material fact 2. Moving party is entitled to judgment as a matter of law. If the moving party is the Plaintiff, they must wait 20 days after filing the complaint before moving for Summary Judgment. If it is the Defendant, they can move for SJ at any time. After the motion for SJ is filed, the other side gets a chance to respond. Then the court rules.

Question: motion for summary judgment? I received a motion for summary judgment which I guess means that I do not even get the chance to appear in court . Ieed to know what the best thing to do is. Should I get a lawyer. Does anyone have a form letter that I can use to answer the judgment even if only to stall for a little while Any answers woukd be appreciated

Answer: Be sure and answer the summary and make sure that you have filed proper paperwork requesting "discovery". This is where you are asking to see proof of this debt. If the creditor plans to go to court, they must have this info already, and you are simply asking to review it before your trial. Below is a link that might be useful to you, it tells you how to write an answer to a pending lawsuit. http://www.washingtonlawhelp.org/documents/1387410205EN.pdf?stateabbrev=/WA/

Question: How do you get a ruling in court when both sides have presented motion for summary judgment 6 mos ago.? This is a forfeiture case where the Defendant demands foreclosure with sale of property. The Plaintiffs in this case are the Third Pty Def. , and holders of the land contract on prop. ie 147 ac. farm and marital residence in a separate Divorce case where the separated Defendants in the forfeiture case, are the Plaintiff and Defendant in the same Divorce case. And, the Third Pty Def. are the parents of the Def. in the Divorce case.

Answer: follow almost readys advice. sounds about right to me. good luck.

Question: What website shows Summary Judgment? What website shows Mediation?

Answer: Summary judgment: http://www.law.cornell.edu/rules/frcp/Rule56.htm Mediation: http://en.wikipedia.org/wiki/Mediation

Question: Summary Judgment renewal? If a summary judgment was entered on a repossesion, is it there forever till paid or does it have to be renewed every so often, I heard every ten years....I live in Texas It does not show on credit report? just attached to my land, can't sell or borrow on land till paid, do they have to renew every so often to stay attached It does not show on credit report? just attached to my land, can't sell or borrow on land till paid, do they have to renew every so often to stay attached

Answer: Under Texas Law, a judgment is valid for 10 years: § 34.001. NO EXECUTION ON DORMANT JUDGMENT. (a) If a writ of execution is not issued within 10 years after the rendition of a judgment of a court of record or a justice court, the judgment is dormant and execution may not be issued on the judgment unless it is revived. (b) If a writ of execution is issued within 10 years after rendition of a judgment but a second writ is not issued within 10 years after issuance of the first writ, the judgment becomes dormant. A second writ may be issued at any time within 10 years after issuance of the first writ. Acts 1985, 69th Leg., ch. 959, § 1, eff. Sept. 1, 1985. http://tlo2.tlc.state.tx.us/statutes/docs/CP/content/htm/cp.002.00.000034.00.htm#34.001.00 However, a judgment may be revived once it becomes dormant: § 31.006. REVIVAL OF JUDGMENT. A dormant judgment may be revived by scire facias or by an action of debt brought not later than the second anniversary of the date that the judgment becomes dormant. Acts 1985, 69th Leg., ch. 959, § 1, eff. Sept. 1, 1985. Amended by Acts 1995, 74th Leg., ch. 935, § 1, eff. Sept. 1, 1995. http://tlo2.tlc.state.tx.us/statutes/docs/CP/content/htm/cp.02.00.000031.00.htm#31.006.00 It will show up on a title report, and this is of importance to you if you want to get a mortgage or sell your land.