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Can you respond to a Notice of Motion and Motion for Judgment on the Pleadings?
Yes you should respond promptly
What is the motion that ends a lawsuit because there are no disputed material facts?
A motion for judgment on the pleadings
Only a plaintiff may file a motion for judgment on the pleadings?
No, defendants may file a motion for judgment on the pleadings as well.See: Corder v. Lewis Palmer School Dist. No. 38, 568 F.Supp.2d 1237 (D.Colo. 2008).
What is Plantiff's motion for summary judgment in a foreclosure case?
The Plaintiff's motion for summary judgment is asking the court to rule on all pleadings that have been filed in the case. This happens if one of the defendants has filed an response or answer. The Plaintiff will usually ask for judgment when filing a motion for summary judgment.
What is a motion for summary judgment in a foreclosure?
A summary judgment motion tells the court that based upon all the pleadings filed in the case, there are no issues of fact for the court to resolve at a trial, and that the plaintiff is entitled to a judgment without a trial, as a matter of law.
How does plaintiff answer to defendant's notice of motion and motion for judgment on the pleadings?
The plaintiff typically responds to a defendant's notice of motion and motion for judgment on the pleadings by filing a written opposition. In this response, the plaintiff may argue that the pleadings present sufficient facts to support their claims and demonstrate that the case should proceed to trial. They might also highlight any legal deficiencies in the defendant's arguments and provide supporting evidence or legal precedents that favor their position. Ultimately, the plaintiff seeks to convince the court to deny the defendant's motion and allow the case to continue.
What is the difference between a legal motion and a pleading?
Pleadings are the formal allegations and responsives thereto, of parties in a lawsuit. Pleadings are usually filed to initiate a lawsuit (petition or complaint), and to file an official response, defense and any counterclaim (Answer, Reconventional Demand, Counter-claim). Motions are applications for orders from the court, usually made within the framework of a lawsuit (motion to compel discovery, motion to set trial date, motion for summary judgment).
What type of motion occurs when a judge makes a final decision on the issues of the lawsuit without a trial?
This is likely to occur when a judge grants a motion for summary judgment. The motion asserts that there is no justiciable issue of material fact for the finder of fact (judge or jury) to decide, and that the party filing the motion is entitled to judgment "as a matter of law". Typically, the case has progressed to some degree when a motion for summary judgment is filed and the motion is based upon facts that have been disclosed during the "discovery" process. That is the part of the case when the parties ask questions of each other, request the production of relevant documents, take depositions, etc. Courts hesitate to grant such motions except in the clearest of cases. In the event of a close call, most courts deny the motion and permit the case to go to trial. This outcome may also occur when the court grants a motion for judgment on the pleadings. These motions are determined based primarily upon the pleadings filed by the Plaintiff and the Defendant; respectively, the complaint and the answer. The motion is granted when the complaint does not state a cause of action upon which relief may be granted.
What is the primary difference between a motion for summary judgment and a motion for judgment as a matter of law at the close of the evidence?
A judgment as a matter of law under Rule 50 occurs during the trial. a summary judgment motion, by contract, muts be made before the trial commences, and is governed by Rule 56.
What is a cross-motion for summary judgment?
"Cross motions" always travel in pairs, as each party files a motion on the same issue and as part of the same process. Cross-motions for summary judgment are part of a pre-trial process in which both parties submit briefs to the judge, arguing that no trial is needed to determine the relevant facts in the case. Cross-motions for summary judgment may occur even if the parties have different versions of the facts. In that event, both motions will be denied. Cross-motions for summary judgment are to be distinguished from "agreed motions for summary judgment" in which the parties present one, agreed motion, claiming that the facts are not in dispute and asking the judge for a decision solely on the law. See also "motion for judgment on the pleadings," also distinguishable from "cross-motions for summary judgment "
What is motion to accelerate deferred judgment?
motion to accelerate
How do you remove a judgment from your credit report that is not valid?
File a motion to vacate based on that fact. After the judgment is entered there is a SOL for filing that motion.
