A Motion for Continuance to Complete Discovery or in the Alternative Continuance of Summary Judgment Motion in the District of Columbia is a legal tool that litigants can utilize in order to request the postponement or extension of certain stages of a lawsuit. This motion can be filed when parties require more time to gather evidence or complete the discovery process, or when they believe that a summary judgment motion should be delayed in order to allow for the completion of necessary discovery. In the District of Columbia, there are two primary types of motions for continuance: one to complete discovery and another as an alternative to seek a continuance of a summary judgment motion. 1. Motion for Continuance to Complete Discovery: This motion is typically filed by a party who believes that they require additional time to gather evidence, conduct depositions, or obtain necessary documentation to support their case. The party may argue that the current timeline does not provide adequate time to complete the required discovery. This motion aims to ensure all parties have sufficient opportunity to collect and analyze relevant information before proceeding with further litigation steps. 2. Motion for Continuance in the Alternative to Summary Judgment Motion: This motion is filed when a party believes that a summary judgment motion should be delayed until after the completion of certain discovery processes. A party may argue that genuine issues of material fact remain unresolved and that more time is needed to gather relevant evidence to support their case. The purpose of this motion is to prevent the premature dismissal of a case based on a summary judgment motion, allowing for a fair opportunity to fully present all facts and arguments. Both of these motions emphasize the importance of adhering to the principles of due process and fairness in the litigation process in the District of Columbia. By requesting a continuance, parties can ensure that all relevant evidence is presented and considered before making critical decisions that could affect the outcome of a case. Keywords: District of Columbia, Motion for Continuance, Complete Discovery, Alternative Continuance, Summary Judgment Motion, Types.
District of Columbia Motion for Continuance to Complete Discovery or in the Alternative Continuance of Summary Judgment Motion
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How to fill out District Of Columbia Motion For Continuance To Complete Discovery Or In The Alternative Continuance Of Summary Judgment Motion?
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There are four defenses that may be waived if not made by a Rule 12 motion: Lack of Personal Jurisdiction (Rule 12(b)(2)); Improper Venue (Rule 12(b)(3)); Insufficiency of Process (Rule 12(b)(4)); and Insufficiency of Service of Process (Rule 12(b)(5).)
A party may move for a more definite statement of a pleading to which a responsive pleading is allowed but which is so vague or ambiguous that the party cannot reasonably prepare a response. The motion must be made before filing a responsive pleading and must point out the defects complained of and the details desired.
Rule 12-I(a) provides that a moving party must seek consent of other affected parties prior to the filing of a motion, except with respect to Rule 11 motions for imposition of sanctions. In these instances, a good faith effort to resolve the disputed issues is required.
The 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.
Rule 12(f) provides in relevant part that on motion or sua sponte, ?[t]he court may strike from a pleading . . . any redundant, immaterial, impertinent, or scandalous matter.? If Lexis annotations are a guide, relatively few litigants file Rule 12(f) motions on those grounds?and with good reason.
The name 12b-1 comes from the Investment Company Act of 1940's Rule 12b-1, which allows fund companies to act as distributors of their own shares. Rule 12b-1 further states that a mutual fund's own assets can be used to pay distribution charges.
Unless the court orders otherwise, a party may file a motion for summary judgment at any time until 30 days after the close of all discovery. presented in a form that would be admissible in evidence. (3) Materials Not Cited.
The motion should be no more than two pages; one is better. Begin by saying, "Now comes the defendant John Smith and respectfully moves for summary judgment. As grounds, John Smith states that ?." Then list the arguments laid out in your motion. End by stating, "In further support of this motion, Mr.