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View Full Version : I missed the deadline to file a motion for summary judgment hearing. What can I do?


needToKnow1000
Oct 23, 2010, 07:18 PM
Hi, I missed the deadline to file a motion because I was getting conflicting answers about the deadline. Will they allow me to defend myself during the hearing itself? If not, do I have grounds to appeal? Any other options? Thank you!

Gaylan
Oct 30, 2010, 04:39 PM
I am not a lawyer.

As much as I do know is this. If you failed to answer the complaint, motion the court will adjudicate in the plaintiff's favor. It will be up to you to file an appeal to the summary judgment.

ScottGem
Oct 30, 2010, 04:49 PM
We need to know more about the cause of action here. That could have a bearing. But if you failed to answer a summons the plaintiff applies for a default judgment and no hearing is held.

I would be at the courthouse first thing Monday morning filing the motion. Depending on the court where the case is being processed they may be more lenient about deadlines.