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How fast should I submit a response to a motion for judgment, what is the proper format and where can I find an example?

Grand Rapids, MI |

I filed an answer to the court/plaintiff in the civil lawsuit for unpaid medical bills. The bills were never submitted to one of the 2 insurance companies that covered my son. I requested that the medical provider re-bill the insurance, but this has not taken place yet. I went to the pretrial meeting with the judge and plaintiff lawyer, in which we discussed the time I needed for discovery (for paperwork to prove my denial ) and the judge postponed the case for 2 months, the plaintiff then entered a summary motion for judgment one week later. It has not been signed yet to my knowledge and I want to respond with my evidence to stop it. How long do I have to do this, before a default decision will be made and is there a format I have to follow for the response and where can I find

Attorney Answers 3

Posted

You have to be familiar with the local rules of civil procedure. Here in Ohio, the party opposing a summary judgment motion has thirty days to respond. In addition, you need to understand the concept of their burden of proof, and what types and forms of evidence are sufficient for the court to award summary judgment.

I am not your attorney unless you and I have signed a retainer agreement. What I am saying is not legal advice. Do not act on this information without engaging my services, this is for consideration only.

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Posted

The Court may establish or set a scheduling order for filing requirements regarding a Motion for Summary Disposition. The Motion is fact specific for your case, so an example response would be hard to find. Further, you need to take into consideration the burden of proof, statutory requirements, evidence issues, etc. You should consult with an attorney near you.

Contact me at 248-702-5303 for a free consultation. My answer to this question is for general informational purposes only and does not establish an attorney-client relationship. You should seek the assistance of an attorney to determine the best approach and potential consequences for your situation.

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Posted

You usually have 14 days from the time the motion was mailed to you to file a response. No particular format is needed, The paperwork should have included a notice of hearing. The response must be in 7 days prior to the hearing.

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