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Re: whychat..your take?


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Posted by lawguy (216.30.212.58) on April 01, 2003 at 15:13:51:

In Reply to: whychat..your take? posted by anon1 on March 29, 2003 at 18:10:13:

The order was probably sent to you "as a courtesy" and nothing more.

Court orders are not pleadings. Nor are motions. Pleadings include only the complaint, answer, and reply, as well as any variation or ammended version of them.

What the judge has done was tell you that your motion involves things beyond "just the pleadings," and that more facts are needed to make a determination. He told you to file a motion for summary judgment, which will allow him to consider more than just the pleadings, and will allow you to submit some evidence.

The standard on summary judgment motions is that judgment is to be granted when the moving party demonstrates that 1) there are no genuine issues of material fact and 2) the moving party is entitled to judgment as a matter of law.

Use the discovery process to gather evidence showing that there are no factual disputes related to the issue upon which you are basing your motion. File a motion for summary judgment together with said evidence. Then the court will hear your motion and make a determination.


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