Motion Requesting Additional Time to Respond to Motion for Summary Judgment with Notice of Motion
What this document covers
This form is a legal document known as a Motion Requesting Additional Time to Respond to a Motion for Summary Judgment. It is used by defendants who need more time to adequately respond to a motion for summary judgment filed by the plaintiff. This form is essential for ensuring that the defendant has the opportunity to gather necessary evidence or conduct further discovery before the court makes a decision on the motion for summary judgment.
What’s included in this form
- Case information section for parties involved
- Statement of the need for an extension of time
- Details regarding the additional discovery required
- Date requested for new response deadline
- Certification of service to notify the plaintiff
- Notice of motion including hearing details
When to use this form
This form should be used when a defendant requires additional time to respond to a plaintiff's motion for summary judgment. Situations may include needing more time to gather evidence, conduct depositions, or assess legal arguments presented by the plaintiff. It is critical to file this motion promptly to avoid potential delays in the legal proceedings.
Who can use this document
This form is intended for:
- Defendants in a civil lawsuit facing a motion for summary judgment
- Attorneys representing defendants in such cases
- Parties needing to ensure their right to adequately respond to legal motions
How to prepare this document
- Identify the parties involved in the case and include their names and case number.
- State the reasons for requesting additional time to respond to the motion for summary judgment.
- Specify the date by which the response will be completed.
- Include certification of service, indicating who will receive a copy of the motion.
- Provide details for the notice of motion, including the date and time for the hearing.
Notarization guidance
This form usually doesn’t need to be notarized. However, local laws or specific transactions may require it. Our online notarization service, powered by Notarize, lets you complete it remotely through a secure video session, available 24/7.
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Make edits, fill in missing information, and update formatting in US Legal Forms—just like you would in MS Word.
Download a copy, print it, send it by email, or mail it via USPS—whatever works best for your next step.
Sign and collect signatures with our SignNow integration. Send to multiple recipients, set reminders, and more. Go Premium to unlock E-Sign.
If this form requires notarization, complete it online through a secure video call—no need to meet a notary in person or wait for an appointment.
We protect your documents and personal data by following strict security and privacy standards.
Common mistakes to avoid
- Failing to file the motion before the deadline set by the court
- Not providing sufficient reasons for requesting additional time
- Omitting to serve all relevant parties with the notice of motion
- Neglecting to include mandatory case information
Why complete this form online
- Convenient access to the form any time through US Legal Forms.
- Edit and customize the document to fit your specific case needs.
- Reliable templates created by licensed attorneys ensure legal compliance.
Legal use & context
- Ensures defendants have adequate time to prepare their responses.
- Helps uphold the fairness of the judicial process by allowing for sufficient discovery.
- Prevents default judgments due to lack of response from a defendant.
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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.