District of Columbia Motion for Continuance to Complete Discovery or in the Alternative Continuance of Summary Judgment Motion

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Multi-State
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US-MOT-01427
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This is a multi-state form covering the subject matter of the title.

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.

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FAQ

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.

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Motions for a continuance or other scheduling change must include alternative dates that have been agreed to by all parties. Requests that do not include an ... An application for a continuance shall be ruled upon by the judge or magistrate judge before whom the hearing, conference or trial is to be held. (c). NOTICE.Summary Judgment. (a) MOTION FOR SUMMARY JUDGMENT OR PARTIAL SUMMARY JUDGMENT. A party may move for summary judgment, identifying each claim or defense—or the ... Superior Court Rules. Search the Superior Court Rules by using a keyword. Switch to Administrative Orders by clicking the tab. by JF Lapham · 1990 · Cited by 14 — Only by forcing parties facing summary judgment motions to show a reasonable factual basis for their claims can courts insure that judicial resources are ... Mar 27, 2003 — A party seeking a continuance of a summary judgment motion on the grounds that it needs additional discovery must identify "facts essential to ... It permits a party opposing summary judgment or adjudication to ask to continue the motion to obtain evidence essential to the opposition; to deny the motion, ... Sep 9, 2009 — setting forth the need for additional discovery; or (2) file a verified motion for continuance. Tenneco Inc. v. Enterprise Prods. Co., 925 ... — In a civil case, an order which merely grants a motion to strike, without expressly entering summary judgment or partial summary judgment or dismissing the ... (B) Prior to filing a motion seeking resolution of a discovery dispute, counsel for the moving ... a motion for summary judgment. Rule 6.7. Motions in Emergencies.

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District of Columbia Motion for Continuance to Complete Discovery or in the Alternative Continuance of Summary Judgment Motion