Motion for Continuance to Complete Discovery or in the Alternative Continuance of Summary Judgment Motion
Definition and meaning
The Motion for Continuance to Complete Discovery or in the Alternative Continuance of Summary Judgment Motion is a formal request made to the court, allowing a party additional time to gather evidence or conduct discovery before facing a summary judgment motion. This motion can serve to postpone the court's decision on a summary judgment until all relevant discovery has been completed, ensuring that both parties have a fair opportunity to present their case.
Legal use and context
This motion is often used in civil litigation where one party believes that additional discovery is necessary to adequately respond to a summary judgment motion. When a party files a motion for summary judgment, they claim that there are no genuine disputes about the material facts of the case, and they are entitled to judgment as a matter of law. A continuance allows the opposing party time to gather evidence that may counter the claims made in the summary judgment motion.
It is crucial to file this motion within the timelines established by court rules, as failure to do so may result in the court denying the request. Judges typically grant continuances if they believe there is justification for the need to complete discovery.
Key components of the form
The Motion for Continuance includes the following key components:
- Title: Clearly states the motion type.
- Case information: Identifies the parties involved and their legal representatives.
- Grounds for the motion: Details why additional time is needed, including any pending discovery actions.
- Request to the court: Asks for a specific type of relief, such as a denial of the motion or a continuance.
- Certificate of service: Confirms that all relevant parties have been notified of the motion.
How to complete a form
To fill out the Motion for Continuance, follow these steps:
- Begin with the court's name and the county where the motion is being filed.
- List your name as the plaintiff and the name of the defendant.
- Clearly state the motion title.
- Provide detailed grounds for your request, outlining the reasons for needing a continuance.
- State your request to the court, specifying whether you seek denial of the summary judgment or a continuance.
- Sign and date the motion.
- Complete the certificate of service to confirm that copies have been provided to all parties involved.
Common mistakes to avoid when using this form
When completing the Motion for Continuance, avoid these common mistakes:
- Missing deadlines: Ensure that the motion is filed within any applicable deadlines to avoid denial.
- Inadequate justification: Provide sufficient detail explaining why a continuance is necessary; vagueness could lead to denial.
- Incorrect formatting: Adhere to any formatting requirements set by the court to ensure acceptance.
- Omitting signatures: Missing the signature of the party filing the motion can invalidate it.
- Failing to serve parties: Ensure that all relevant parties receive notice of the motion to prevent arguments of insufficient notice.
Form popularity
FAQ
A motion for summary judgment is a request made by a party asking the court to decide all or part of a lawsuit without going to trial because there's no dispute about the key facts of the case. The party making the motion (called the movant) can be the plaintiff or the defendant.
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.
Rule 56 of the Federal Rules of Civil Procedure governs summary judgment for federal courts. Under Rule 56, in order to succeed in a motion for summary judgment, a movant must show 1) that there is no genuine dispute as to any material fact, and 2) that the movant is entitled to judgment as a matter of law.
The new rule allows a party to move for summary judgment at any time, even as early as the commencement of the action. If the motion seems premature both subdivision (c)(1) and Rule 6(b) allow the court to extend the time to respond. The rule does set a presumptive deadline at 30 days after the close of all discovery.
Under the Federal Rules, a summary judgment motion can be made at any time until 30 days after close of fact discovery. However, judges are also required to issue scheduling orders that set deadlines for the filing of motions. The trial court may refuse to hear a motion for summary judgment filed after the deadline.
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 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 should move all at once. However, you can move to dismiss various affirmative defenses, causes of action and/or counterclaims early on but there's a high chance of being denied as premature.
Decision on motions for summary judgment: About 15 months after beginning of representation. The judge will make a decision on summary judgment about three months after s/he hears arguments from both sides.