FL 12.922(c) 2015-2024 free printable template
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Hi attorney Steve honored we×39’re back this is another series of litigation warrior, and we are talking this time about the motion for summary judgment and how do you oppose that motion for summary judgment okay let×39’s go over tithe Therese teat whiteboard how to look here and see what's going on okay so basically a what happens is a plaintiff files a complaint, and you have this complaint and so their×39’s a complaint lodged okay, so maybe somebody thinks that there's no merit to the complaint they file a motion to dismiss and let×39;say you file a motion to dismiss on Igor demur as they call it sometimes audit doesn't×39’t go anywhere the judge says nowhere×39’s merit here there's merit and so you have the demur or the motion to dismiss stage federal court they called motion to dismiss, and then you get through your discovery or you'rebasically responding to interrogatories admissions depositions you're gathering your evidence okay you×39’re gathering your evidence that's what that×39’s all about some getting your evidence, and then you get to the point where you say you know what that the plaintiff has had their chance or the defendant has had their chance to prove their case together all the evidence they still have anything and so you've somebody files motion for summary judgment okay what recall an MSC motion for summary judgment that motion is basically telling the court there is no tribal issue of fact even if you take everything that the other party says is true you take all the facts in the best light of tethered×39’s nothing here in this case should be dismissed or this cause of action or this count or this claim should be dismissed on summary judgment so that×39;what it's all about, so you may get party that files that motion for summary judgment question here now is how do you respond to that okay your motion for summary judgment when you get it will usually have a statement of facts okays we×39’ll call that a statement of facts there may be some declarations attached to that a declaration is a sworn statement by a party made under the penalty of perjury and so you may haveyourstatement of facts your declaration you will have a Memorandum of points and authorities a Memorandum of law we×39’ll call that a memo, so you've got all these materials that you need to respond Tokay this is the moving party the moving party is going to be the one filing thistle×39’re going to be asking the court for summary judgment okay, so you will be the party opposing or responding to the motion for summary judgment and really what you×39’re going to do is really basically just contradict what that×39;relaying and show that there is a triableissue of fact that there is a factual dispute that there is something that the jury should hear that there's counterclaim that should go through tithe next level okay, so this is what parties try to do they try to kick your lawsuit out right here and this is actually the second attempt like I said you have your...
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