Motion Requesting Additional Time to Respond to Motion for Summary Judgment with Notice of Motion
Definition and meaning
The Motion Requesting Additional Time to Respond to Motion for Summary Judgment is a legal document used by defendants in civil litigation. This motion requests an extension of time to prepare a response to a Motion for Summary Judgment that has been filed by a plaintiff. The purpose of this extension is to allow for adequate time to gather necessary evidence and prepare a thorough legal argument.
Who should use this form
This form is intended for defendants who have received a Motion for Summary Judgment from a plaintiff. Defendants who require additional time to gather evidence, conduct depositions, or address complex legal issues will find this form useful. It is particularly relevant for parties who believe that they need more time to present their case effectively.
Key components of the form
The motion consists of several critical components, including:
- Caption: Identifies the court and the parties involved in the case.
- Introduction: States the purpose of the motion and the request for additional time.
- Factual background: Provides context, including the date the Motion for Summary Judgment was filed and the reasons for requesting an extension.
- Conclusion: Summarizes the request and asks the court to grant the extension.
Common mistakes to avoid when using this form
When completing the Motion Requesting Additional Time to Respond to Motion for Summary Judgment, users should avoid these frequent errors:
- Failing to provide a legitimate reason for requesting additional time.
- Not including the correct court caption and case number.
- Submitting the motion without the appropriate signature from the defendant or their attorney.
- Missing the deadline for filing the motion, which can result in penalties.
Benefits of using this form online
Utilizing online forms for the Motion Requesting Additional Time to Respond to Motion for Summary Judgment offers several advantages:
- Accessibility: Forms can be easily accessed from anywhere with internet connectivity.
- Efficiency: Online completion often includes guided instructions, reducing the potential for errors.
- Cost-effective: Many online services offer forms at a lower cost compared to traditional legal representation.
What documents you may need alongside this one
In addition to the Motion Requesting Additional Time to Respond to Motion for Summary Judgment, you may need to gather the following documents:
- Copy of the original Motion for Summary Judgment filed by the plaintiff.
- Any relevant discovery materials, such as depositions or interrogatories.
- Affidavits or declarations from witnesses that support your need for additional time.
What to expect during notarization or witnessing
If your Motion Requesting Additional Time to Respond requires notarization, expect to present a valid form of identification to the notary public. The notary will verify your identity and witness your signature to ensure that the document is executed properly. For witnessing, a credible person must observe the signing of the document and be prepared to sign as a witness themselves.
Form popularity
FAQ
Watch the Deadlines. Generally, you are required to give the non-moving party at least 25 days notice prior to a hearing on your Motion for Summary Judgment.
If the motion is granted, the judgment on the issue or case is deemed to be a final judgment from which a party may seek an appeal. The court of appeal can reverse the grant of summary judgment and reinstate the claim in the lower court. However, this is rarely done and most summary judgments are upheld on appeal.
Generally, you can amend a motion. You have to serve the amended motion to the other party, and the other party will get more time to answer.
A motion for summary judgment filed by an opposing party claims that you cannot prevail in the case because there is no legal dispute or your claim is without merit or a defense. Failure to respond to a motion for summary judgment can result in your case being dismissed or a judgment being rendered against you.
A response must be in writing and include the same supporting documents as a motion for summary judgment. The opposition to the motion for summary judgment should also include a statement of facts showing the dispute and supporting documents.
If a motion for summary judgment is filed before a responsive pleading is due from a party affected by the motion, the time for responding to the motion is 21 days after the responsive pleading is due.
Any party may file a response to a motion; Rule 27(a)(2) governs its contents. The response must be filed within 10 days after service of the motion unless the court shortens or extends the time.
Unless the requirements of Code of Civil Procedure 437c, subdivision (f)(2), are met a party may not file a second summary judgment motion. The pertinent provision provides: However, a party may not move for summary judgment...
If a defendant refuses to produce documents or witnesses for depositions, you can oppose the summary-judgment motion by submitting your declaration and showing that facts essential to justify your opposition may exist but cannot for reasons stated be presented to the court.