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Hear this out loud PauseYour Response must show a good reason (?cause?) for not following the Court's rules, directions or deadlines. You must also do anything else the Order tells you to do. file a Response and/or other document. It is very important to follow the deadline ? missing the deadline could cause you to loose your case.
Hear this out loud PauseWhat is an Order to Show Cause? An Order To Show Cause is a court order requiring the involved parties to explain, prove, or justify an event, action, behavior, or other factor affecting the case at hand. In California, this is also commonly referred to as a Request for Order (ROF).
Rule 56.1 requires movants for summary judgment to submit, with the motion, a ?separate, short and concise statement, in numbered paragraphs, of the material facts as to which the moving party contends there is no genuine issue to be tried.? E.D.N.Y. Civ. R. 56.1(a) (emphasis in original).
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.
A party against whom a claim, counterclaim, or cross-claim is asserted or a declaratory judgment is sought may, at any time, move with or without supporting affidavits for a summary judgment in the party's favor as to all or any part thereof.
Under Rule 56, in order to succeed in a motion for summary judgment, a movant must show 1) that there is no genuine dispute as to any material fact, and 2) that the movant is entitled to judgment as a matter of law. "Material fact" refers to any facts that could allow a fact-finder to decide against the movant.
Hear this out loud PauseA Findings and Order After Hearing (FL-340) needs to be prepared and signed by the Judge to provide you with an enforceable order. In order to complete a Findings and Order After Hearing, you will need to obtain a copy of the Minutes from the date of your hearing.
Hear this out loud PauseThe court shall grant summary judgment if the movant shows that there is no genuine dispute as to any material fact and the movant is entitled to judgment as a matter of law. The court should state on the record the reasons for granting or denying the motion.