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Do you have to file a motion with the court in order to get a continuance on a summary judgment

Austin, TX |
Filed under: Litigation

On a scheduled court hearing for summary judgment can you agree with opposing counsel for more time or just through motions to the judge

Attorney Answers 5

Posted

If you wanted to agree you could file a joint motion or indicate in their motion you agreed with the request. Whether you wanted to or not is another question which should be answered by your attorney.

The answering of this question does not constitute a attorney-client relationship. Further by answering this question the attorney has not agreed to represent inquisitor.

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2 lawyers agree

Posted

Depends on the court and whether or not there is a docket control order in place. If judge won't let you agree, then file a motion for continuance

I am not intending this to be legal advice, because I don't know the particulars of your situation. Call me if you would like to discuss this or other isues.

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1 lawyer agrees

Posted

A usual continuance only moves the hearing date and time and not the response or reply deadlines.... so it is not that critical or useful. In some situations the response can be moved until after the completion of Discovery. I always ask for a continuance in all my responses to preserve that potential argument for an appeal if needed, saying the Court never let us find the missing evidence we needed. But, ask your lawyer.
Thanks for the AVVO points.

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1 lawyer agrees

Posted

You can almost always agree to a continuance of the hearing date on a motion for summary judgment, unless there are extenuating circumstances. However, the agreement must be in writing and filed with the court. This is a tricky and risky area, because if the judge rules on the summary judgment and a proper response is not filed, there is essentially no appeal unless the motion is legally defective. This is too complex to do it yourself, but a lawyer should know how to handle it.

This is not legal advice. You should always discuss the specifics of your issue in person with an attorney. Be aware that there are time limits on all claims that depend on the kind of claim, so do not delay in seeking an attorney.

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2 lawyers agree

Posted

Unless you can get the opposing attorney to agree to a continuance, I would file a motion with the court.

By providing this legal analysis of the issue presented, no attorney/client relationship is being formed. Additionally, attorney is not agreeing to represent the individual who presented the question concerning the legal issue. A signed retainer agreement is required before an attorney /client relationship is established. The analysis provided is meant solely to provide general guidance about the legal issue presented.

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