Without getting into the specifics of the bases for a summary judgment motion and a motion for dismissal (and there are many and may differ among states), they can be made simultaneously because they are not directed to the same aspect of the case. The summary judgment motion is directed to the factual aspect of the case while a motion for dismissal is directed to the procedural aspect of the case. The summary judgment motion alleges that there are no genuine issues as to the material facts of the case and that the moving party is entitled to judgment as a matter of law. The motion for dismissal usually alleges that the other party has failed to abide by some procedural rule, the penalty for which is dismissal of the case. Two different theories. Opposition to a summary judgment motion indirectly requires some admission that there are facts that could go one way or another at trial. A motion for dismissal will allege that the other party has not done something required by the rules like providing discovery on time, or lack of prosecution of the case. Admitting that a jury could believe either side at a trial does not give up procedural reasons to dismiss the case.
Yes--in the form of a cross motion for summary judgment.
In Illinois, each child support payment is a civil judgment.
The demonstrators plan to oppose the new shopping mall. I oppose anything curtailing civil rights. Oppose means to hinder, counterbalance or resist.
You need to sue them in civil court and win a judgment lien.You need to sue them in civil court and win a judgment lien.You need to sue them in civil court and win a judgment lien.You need to sue them in civil court and win a judgment lien.
You cannot "reverse" a case before it goes to court, because there is nothing yet to reverse. You probably mean can you get a case dismissed before it goes to court. The answer is Yes and that depends on the facts of the case and the law involved. It can be dismissed on substantive or procedural grounds. Dismissal on substantive grounds is usually done by summary judgment. This can occur if a court finds that under the law involved, even if the plaintiff proves his case, he still is not entitled to a judgment against the defendant. Dismissal on procedural grounds can occur when one or another party fails to do something the court rules require that party do, like providing discovery on time. A dismissal on substantive reasons acts like a final adjudication. The action may be appealed but not reinstated. An action dismissed on procedural grounds can be reinstated if the failure is corrected unless a statute of limitations prevents it.
According to a November 2006 Parametr­a poll, 41% of Mexicans oppose same-sex civil partnerships.
the dismissal of thirty civil servants for dishonesty and misconduct.
It means you lost a civil suit in court and there is possibly a monetary judgment against you - can result in a Lien, etc.
The demonstrators plan to oppose the new shopping mall.I oppose anything curtailing civil rights.Oppose means to hinder, counterbalance or resist.
You can pay off the judgment , prove with a letter or some valid evidence that the judgment was made in error..
Have your attorney argue the facts that show there are no grounds for dismissal.
In the state of Kansas, a civil judgment lasts 7 years. However, a judgment can be extended if it is re-opened in court before the 7 year deadline.
is a money judgment