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Lauren Slepin Antonino

Lauren Antonino’s Answers

2 total

  • Notification of: Civil Action Complaint, Tracking Notice & Civil Action Summons

    I would like to know whether the plaintiff's attorney or superior court should notify the defendant when: 1) A Civil Action - Complaint is filed in the superior court by the plaintiff's attorney 2) A "Track Assignment Notice" is issued by the ...

    Lauren’s Answer

    The plaintiff's attorney is required to serve or cause service of the complaint. The time to do so can vary. Federal court requires service, generally speaking, in a certain period of time that is different than state court in Georgia. If the service occurred after that period, which may be the case given what you wrote, there may be questions of whether diligence was exercised, whether any exceptions apply, and whether any statute of limitations has run. I recommend that you engage counsel to evaluate what your options and defenses are. Ignoring service of a summons can be very dangerous and you could run the risk of being in default. Please note that the posting online does not create an attorney client relationship or the giving of legal advice that can be relied upon.

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  • What is a motion for summary judgment hearing?

    I am a defendant in a civil case and received notice for a bench trial date set for March. The next week I recieved an order that the plaintiff's motion for summary judgment is set for hearing in February a month before the court date. I did not r...

    Lauren’s Answer

    You should have received notice of the motion. Have you had counsel in this action? If so, your counsel would have been served. If you do not have counsel of record, the plaintiff's attorney should serve you. Is your service address current in the court record. There are several issues here and I agree with the other contributors who suggest to you that you get legal advice. Having a motion for summary judgment filed is serious and it is important to file a proper and timely response. The gist of the motion is that the other side is claiming that there are certain facts that are not in genuine dispute and that based on those facts, no reasonable jury could find in your favor. If the court agrees, the court can give the other side judgment as a matter of law. If you think the alleged undisputed facts are disputed, you need to show why with admissible proof and argue why those disputed facts or others that are relevant make a difference under the law to who should win, or show that a jury must be the one to decide if the outcome depends on factual determinations. This answer is not intended to create an attorney client relationship, and cannot be relied upon for legal advice. An attorney would need the full context of your file to guide you appropriately. Good luck.

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