A Virginia Motion for Continuance to Complete Discovery or in the Alternative Continuance of Summary Judgment Motion is a legal document filed by one party in a civil lawsuit requesting the court to either postpone or delay the proceedings temporarily. This motion is typically submitted when there is a need for additional time to complete the discovery process or when one party believes that there is insufficient evidence to warrant a trial and seeks a summary judgment instead. Here are some key points to consider: Types of Virginia Motion for Continuance to Complete Discovery or in the Alternative Continuance of Summary Judgment Motion: 1. Motion for Continuance to Complete Discovery: This type of motion is filed by a party who feels that there is a need for more time to gather evidence, interview witnesses, or request additional documents. The party may argue that without completing the discovery process, they would be unable to present a fair and comprehensive case during trial. 2. Motion for Continuance of Summary Judgment Motion: In this instance, a party requests the court to postpone the consideration of a Summary Judgment Motion. A summary judgment is sought when one party believes that there are no genuine issues of material fact, and they are entitled to judgment as a matter of law. The party filing the motion may argue that additional time is required to address any remaining disputed facts or legal issues before adjudicating the summary judgment motion. Description of a Virginia Motion for Continuance to Complete Discovery or in the Alternative Continuance of Summary Judgment Motion: In a Virginia legal proceeding, a Motion for Continuance to Complete Discovery or in the Alternative Continuance of Summary Judgment Motion is a formal request made by one party to the court, seeking an extension of time or postponement of the trial proceedings. This motion serves to address the need for additional time to gather evidence, complete the discovery process, or to challenge a Summary Judgment Motion. When filing a Motion for Continuance to Complete Discovery, the moving party usually presents arguments outlining the essential importance of obtaining necessary evidence, interviewing witnesses, or collecting additional documents to ensure a just and equitable trial. The party may emphasize the potential prejudice that could result from proceeding without completing the discovery process, which could hinder their ability to present a strong case. On the other hand, when submitting a Motion for Continuance of Summary Judgment Motion, the party contends that there are remaining genuine issues of material fact or legal arguments that need further consideration before deciding on a summary judgment. By requesting a continuance, the party seeks an opportunity to present their case fully and challenge the validity of the summary judgment motion. It is crucial to note that a Virginia Motion for Continuance to Complete Discovery or in the Alternative Continuance of Summary Judgment Motion must comply with applicable procedural rules and be supported by relevant legal authorities. The moving party should provide a detailed explanation of the reasons for the requested continuance, emphasizing the potential impact on the fairness and effectiveness of the legal proceedings. Ultimately, the court will consider the arguments presented in the motion, along with any opposing viewpoints, before determining whether to grant or deny the request for a continuance. The decision will be based on the specific circumstances of the case, the interests of justice, and the overall goal of ensuring a fair and orderly trial process.
Virginia Motion for Continuance to Complete Discovery or in the Alternative Continuance of Summary Judgment Motion
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Stated differently, to successfully defend against summary judgment the non-moving party (you) should seek to demonstrate that indeed there are material facts in dispute. Alternatively, the non-moving party (you) can argue that the undisputed facts support a judgment as a matter of law in your favor.
Illness, death or withdrawal of counsel in civil cases are also reasons for granting a continuance. Absence of witness or evidence. Absence or incapacity of counsel. Absence of party. Surprise. Other grounds.
Summary judgment is granted when the facts can be decided upon without needing to go to trial, where the opposing party would lose due to a lack of evidence. If it's not clear that there is no more evidence, then summary judgment must be denied.
A request for a continuance must be made in person on your court date before the judge. If you are unable to appear on the court date, you may file a request for a continuance, in writing, no less than two business days prior to the court date.
? All final judgments, orders, and decrees, irrespective of terms of court, remain under the control of the trial court and may be modified, vacated, or suspended for twenty-one days after the date of entry, and no longer.
(1) A party is under a duty promptly to amend and/or supplement all responses to discovery requests directly addressed to (A) the identity and location of persons having knowledge of discoverable matters, and (B) the identity of each person expected to be called as an expert witness at trial, the subject matter on ...
In any action at law or equity at the close of all the evidence, any party may move for a summary judgment upon the entire case or upon any severable issue including the issue of liability alone although there is a genuine issue as to damages.
In a summary judgment, one party may contend there are no facts that need to be decided, or the parties may agree on what the facts are. Either side (and sometimes both sides) may bring a motion for summary judgment arguing that they are entitled to a judgment in their favor without a trial.