Motion Requesting Additional Time to Respond to Motion for Summary Judgment with Notice of Motion
What is this form?
This form, titled Motion Requesting Additional Time to Respond to Motion for Summary Judgment, is a legal document that allows a defendant to request more time to respond to a motion for summary judgment filed by the plaintiff. It is particularly important in ensuring that the defendant has adequate time to gather relevant evidence and prepare a comprehensive response, differentiating it from general motions that might not specify a particular matter or timeframe.
Main sections of this form
- Civil action number: A unique identifier for the legal case.
- Defendant's information: The name and details of the defendant filing the motion.
- Request for additional time: A clear statement indicating the request for more time to respond to the plaintiff's motion.
- Reason for the request: Explanation of why additional time is necessary, such as needing to complete further discovery.
- Proposed new deadline: The date by which the defendant aims to file their response.
- Certificate of service: Confirmation that the motion has been served to the opposing party.
- Notice of motion: Information about when and where the motion will be presented to the court.
When to use this form
This form should be utilized when a defendant has received a motion for summary judgment from a plaintiff and realizes that they require more time to adequately prepare their response. It is particularly relevant in cases where additional time is necessary to conduct further discovery or gather documentation that supports the defendant's position.
Who can use this document
This form is intended for:
- Defendants who have been served with a motion for summary judgment in a civil case.
- Attorneys representing defendants seeking an extension to respond to the motion.
- Individuals who may be representing themselves (pro se defendants) and need clarification on their rights to request more time.
Completing this form step by step
- Identify the civil action number and fill it out at the beginning of the form.
- Insert the names of the plaintiff and defendant along with their respective attorneys.
- Clearly state the reason for your request for additional time in the designated section.
- Propose a new deadline for submitting your response and enter the specific date.
- Ensure you complete the certificate of service section to confirm that the motion will be sent to the plaintiff's attorney.
- Review the notice of motion section to detail when and where the hearing on this motion will take place.
Does this form need to be notarized?
This form does not typically require notarization to be legally valid. However, some jurisdictions or document types may still require it. US Legal Forms provides secure online notarization powered by Notarize, available 24/7 for added convenience.
Mistakes to watch out for
- Failing to specify a new deadline for responding to the motion.
- Not including supporting reasons for the extension request.
- Omitting the certificate of service, which can delay processing.
- Submitting the form late, which may lead to denial of the request for an extension.
Advantages of online completion
- Convenience of downloading and printing the form at your own pace.
- Editability allows you to enter specific details relevant to your case.
- Access to attorney-drafted forms provides peace of mind regarding compliance with legal requirements.
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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.