This form is a generic motion requesting additional time to respond to a motion for summary judgment.
Motion Requesting Additional Time to Respond to Motion for Summary Judgment with Notice of Motion
Category:
State:
Multi-State
Control #:
US-00919BG
Format:
Word;
Rich Text
Instant download
Description Judgment Summary Motion
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Motion Judgment Summary Form popularity
Summary Judgment Motion Other Form Names
Summary Judgment Civil Procedure
Summary Judgment Civil
Motion Additional Time
Motion Summary Judgment Form
Motion Requesting
Motion Respond Summary
Motion Summary Judgment File
Motion Respond 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.