A Massachusetts Motion for Continuance to Complete Discovery or in the Alternative Continuance of Summary Judgment Motion is a legal request made by a party during litigation proceedings in Massachusetts. This motion seeks an extension of time to complete the discovery process or requests the court to postpone the decision on summary judgment until discovery is completed. Discovery is the pre-trial phase where both parties exchange evidence, documents, and information related to the case. It allows each party to gather relevant facts, witness testimonies, expert reports, and other evidence to support their claims or defense. Completing discovery is crucial for a fair and just trial as it provides a comprehensive understanding of the case and helps uncover vital information. However, due to various circumstances, a party may be unable to finish the discovery process within the specified time frame. The party can file a Motion for Continuance to request additional time to complete discovery. This motion notifies the court and opposing party of the need for an extension and provides valid reasons for the delay. Alternatively, if one party believes that enough discovery has been conducted and all necessary information has been exchanged, they may file a Motion for Summary Judgment. Summary judgment is a request to the court to make a decision in favor of the moving party without going to trial, as there is no genuine issue of material fact. This motion asserts that based on the evidence obtained through discovery, the moving party is entitled to judgment as a matter of law. If a Motion for Summary Judgment is filed, the opposing party may file a Motion for Continuance of Summary Judgment Motion. This motion requests the court to postpone the decision on summary judgment until further discovery is completed to gather additional evidence or facts that may dispute the moving party's claim. In summary, a Massachusetts Motion for Continuance to Complete Discovery or in the Alternative Continuance of Summary Judgment Motion seeks to extend the time for completing discovery or postponing the decision on summary judgment until discovery is completed. These motions aid in ensuring a fair and thorough examination of the case before a final judgment is made.
Massachusetts Motion for Continuance to Complete Discovery or in the Alternative Continuance of Summary Judgment Motion
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How to fill out Massachusetts Motion For Continuance To Complete Discovery Or In The Alternative Continuance Of Summary Judgment Motion?
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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. (b) Time to File a Motion.
A motion for summary judgment must be accompanied by a statement of the material facts as to which the moving party contends there is no genuine issue to be tried, set forth in consecutively numbered paragraphs, with page or paragraph references to supporting pleadings, depositions, answers to interrogatories, ...
Show that the law does not support judgment on the undisputed facts. Your legal research may reveal case law that shows judgment isn't warranted in your case, even when no facts are in dispute. Show that discovery is incomplete and could raise a disputed material fact when completed.
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.
The opposition to a motion shall be served within (A) 10 days after service of a motion other than a motion for summary judgment, (B) 21 days after service of a motion for summary judgment or (C) such additional time as is allowed by statute or order of the court.
A motion for summary judgment must be accompanied by a statement of the material facts as to which the moving party contends there is no genuine issue to be tried, set forth in consecutively numbered paragraphs, with page or paragraph references to supporting pleadings, depositions, answers to interrogatories, ...
John says that Linda ran a red light and caused the crash. John happens to have a video of Linda running the red light and crashing into him. John's attorney files a motion for summary judgment claiming that: There are no material facts that can be reasonably disputed.
An opposition to a motion for summary judgment may include a response to the Moving Party's Statement of Facts; the opposing party must reprint the moving party's Statement of Material Facts and set forth a response directly below the appropriate numbered paragraph, including, if the response relies on opposing ...