HELP with collections lawsuit PLEASE

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Bickz

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hello

i need some help/advice concerning a lawsuit i'm currently in.

i am in ohio. i filed a motion for summary judgment 17 days before the scheduled date for pre-trial. i received a response today that said, "defendant's motion for summary judgment is overruled as having been submitted without leave of court. see civil rule 56A"

ohio civil rule 56A says...

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RULE 56. Summary Judgment

(A) For party seeking affirmative relief. A party seeking to recover upon a claim, counterclaim, or cross-claim or to obtain a declaratory judgment may move with or without supporting affidavits for a summary judgment in the party's favor as to all or any part of the claim, counterclaim, cross-claim, or declaratory judgment action. A party may move for summary judgment at any time after the expiration of the time permitted under these rules for a responsive motion or pleading by the adverse party, or after service of a motion for summary judgment by the adverse party. If the action has been set for pretrial or trial, a motion for summary judgment may be made only with leave of court.
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i had a previous lawsuit in which i filed a motion for summary judgment 7 days before the scheduled date for pre-trial. that time i did not receive a response/ruling, but went to court and the judge accepted my motion, and set a date for it to be ruled on, and set a date for the plaintiff to submit their motion for summary judgment, and a date by which responses to these motions must be made. (he asked if the plaintiff if they were going to file a motion for summary judgment, to which he responded "normally we do.")

i expected this to same procedure happen again (and it's what i WANTED to happen this time)... but i assume this happened because of what it says in rule 56C.

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(C) Motion and proceedings. The motion shall be served at least ***fourteen days*** before the time fixed for hearing. The adverse party, prior to the day of hearing, may serve and file opposing affidavits. ***Summary judgment shall be rendered forthwith*** if the pleadings, depositions, answers to interrogatories, written admissions, affidavits, transcripts of evidence.....
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i believe this is saying if the motion is filed 14 days before a scheduled trial date, then it's ruled on immediately. correct?

my question is... can i REfile the same motion for summary judgment 6 days before pre-trial and not upset the judge in doing so? is there any problem with doing this?

the reason i want to do this is because this collection is past SOL, and i can prove that. the plaintiff has nothing to prove their claim as indicated in their response to discovery. the last time i did this the plaintiff filed a motion to dismiss before the judgment could be ruled on. and i would rather not go to trial if i can help it. and i don't THINK (according to what i've been told) that i could submit a motion for summary judgment orally at pre-trial.

i only have a few days to make this decision... thanks.
 
...If the action has been set for pretrial or trial, a motion for summary judgment may be made only with leave of court.....
 
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