Re: whychat..your take?

Posted by JR (4.63.33.88) on April 02, 2003 at 04:39:15:

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

My guess on this is that on your motion to dismiss you made statements about why the plaintiff should be denied. However, a motion to dismiss is based on the plaintiff not having a case. In other words, EVEN if everything THEY say is true - they still don't have a case.

What, as I say I am guessing, the Judge was telling you is that if, through discovery and EVIDENCE you prove what you stated in your motion to dismiss, then you can file for summary judgment. You must go to your local law library to find the format for summary judgment. You have to present the evidence/facts and make the argument. The evidence and facts come from what the plaintiff answers to your discovery and documents that you have in your possession from the plaintiff.

When you go to the law library, ask someone where the (your state) Practice Guides are. Sometimes they are out on the shelves but some libraries keep them behind the counter. Look for the chapter on summary adjudication/judgment.

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