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Can I motion for judgment on the pleadings prior to trial?

Bradenton, FL |
Filed under: Civil motions

I'm defendant in a civil contract case that's been stuck a long time going nowhere. Neither side has initiated discovery. I'd like to move out of state later this year and would like this put to rest. I categorically deny plaintiff's claim. Plaintiff last filed a motion for summary judgment to which I objected and motioned for denial with memorandum in support. I had answered the complaint previously so don't think I can motion to dismiss. There are disputed facts which appear to preclude summary judgment. Can I motion for judgment on the pleadings at this stage? If so, do the pleadings stay closed until the hearing or will the plaintiff be able to file additional things? Thanks.

Attorney Answers 1


Judgment on the pleadings is a motion made at the close of the Plaintiff's case at trial. If you don't have the elements for summary judgment and you don't settle, then you are going to trial.

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Thank you Ms. Morcroft. I'll take another look at summary judgment then plan accordingly. Unfortunately, settlement is unlikely.

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