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Motion for Summary Judgment

Discussion in 'Alternative Dispute Resolution' started by ndragon, Feb 17, 2009.

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  1. ndragon

    ndragon Law Topic Starter New Member

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    I recently received a Motion for Summary Judgment in the mail. The problem is that the information contained in the document is written with such THICK legalese that I don't understand it.
    I caught a part where they say I have not responded to their previous letters. The problem there is that I have. I sent the a letter after receiving a "Certificate of Service of Discovery," requesting that they reply with a document that I could understand. Here is an example of what they sent:
    "You may not give lack of information or knowledge as a reason for failing to respond unless you have "made reasonable inquiry and that the information known or readily obtainable by him is insufficient to enable him to admit or deny."
    I am sorry, but a 12 or 13 page document filled with verbage like that seems ridiculous unless the intention is to confuse the defendant into not replying.
    I have been communicating with the plaintiff, and have offered a settlement on multiple occasions but received no response. In fact, I have not received a response to any letter I have sent the firm filing this motion.
    Do I have any legal defense here or will I be forced to just accept a summary judgment?

    -Nick
     
  2. dee_dub

    dee_dub Moderator

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    I remember when you posted about that Certificate of Service the first time.

    You quite possibly may have to accept summary judgment. You received legal documents and you didn't respond as required. Plain English is a virtue of legal drafting, but its absence doesn't mean a document is of any less effect.

    The opposing firm's lack of response to your letter might be something. They knew you didn't understand the document, and they didn't clarify it for you. But really, they didn't have to. If you didn't understand it, it behooved you to consult a lawyer. That verbiage you quoted is standard discovery/interrogatory boilerplate, and any lawyer would know what it means.
     
  3. ndragon

    ndragon Law Topic Starter New Member

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    In reading through the document I learned that the letter my wife sent to them explaining her inability to understand actually met the requirements outlined under Utah Code 36, although the motion for summary judgment says she failed to respond at all.
    They received her letter within the 30 time limit. Does this not mean they are filing a motion for summary judgement under false pretenses?
    "(g) Affidavits made in bad faith. If any of the affidavits presented pursuant to this rule are presented in bad faith or solely for the purpose of delay, the court shall forthwith order the party presenting them to pay to the other party the amount of the reasonable expenses which the filing of the affidavits caused, including reasonable attorney's fees, and any offending party or attorney may be adjudged guilty of contempt."
    Does this apply?

    -Nick
     
  4. dee_dub

    dee_dub Moderator

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    I'm not familiar with the Utah code, so I can't comment on whether your wife's letter was a satisfactory response.

    What was sworn in an affidavit that you thinks shows bad faith? Maybe they filed a false affidavit, but that's a long way from bad faith.
     
  5. ndragon

    ndragon Law Topic Starter New Member

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    Thank you for the reply.
    One more question. If I wanted to file an objection to the motion for summary judgment, is there somewhere I can find an example of one for reference?

    Thanks again,
    Nicholas
     
  6. dee_dub

    dee_dub Moderator

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    You're asking about the niceties of Utah civil procedure, and I have no idea. I gather that you file something called a Memorandum in Opposition to Defendant's Motion for Summary Judgment. In probable decreasing order of effectiveness, I suggest you consult a lawyer, ask the court clerk, check the Utah courts website, or Google those terms.
     
  7. ndragon

    ndragon Law Topic Starter New Member

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    Dee,
    I am sorry, I need to make a correction to something said earlier. That is not Utah Code 36, that is Rules of Civil Procedure #36.
    I doubt that makes any difference in your replies, but I thought I would let you know.
     

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