Small Claims

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Guest

Small Claims

Postby Guest » Fri Mar 24, 2006 5:20 am

Motion for Summary judgement.


If the defendant has been given notice, at what time can I file a motion for summary judgement. Is this allowed in small claims?

E. Normis Debtor
Posts: 20
Joined: Wed Mar 29, 2006 6:16 am

Postby E. Normis Debtor » Wed Mar 29, 2006 11:09 am

Check your local court rules and states rules of civil procedure. Though it varies by location, most small claims courts do not allow for motion hearings, but rather go directly to trial.

David A. Szwak

Re: Small Claims

Postby David A. Szwak » Sat Apr 01, 2006 6:06 am

[quote="Anonymous"]Motion for Summary judgement.


If the defendant has been given notice, at what time can I file a motion for summary judgement. Is this allowed in small claims?


Under most states's laws, you can seek summary judgment at any time, including as soon as you file suit but defendant is entitled to notice by formal service as to the Rule date and normally is provided time to conduct discovery if he/she intends to contest the motion.