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Small Claims

Posted: Fri Mar 24, 2006 5:20 am
by Guest
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?

Posted: Wed Mar 29, 2006 11:09 am
by E. Normis Debtor
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.

Re: Small Claims

Posted: Sat Apr 01, 2006 6:06 am
by David A. Szwak
[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.

Posted: Sat Apr 01, 2006 7:51 am
by E. Normis Debtor
Even though a states law may allow for summary judgment, preclusions can apply.

For example, in Oklahoma, Rule 13 of the Rules for District Courts specifically allow for summary judgment at anytime. However, in Patterson v. Beall (2000 OK 92, 19 P.3d 839) the Oklahoma Supreme Court ruled that allowing such motions contravened the purpose of Small Claims courts.

Posted: Sun Apr 02, 2006 9:14 pm
by HelpMe2006
Im guessing we have a CA attorney here.....

:shock:

:D