If a defendent has filed a summary of motion to dismiss a case, how long will it take for a judge to decide on the case

Asked about 2 years ago - Atlanta, GA

there was a case filed about sexual harassment and retaliation. The defendents filed a motion to dismiss the case.So im asking how long does it take for a judge to rule if the case can be heard or not. And he deny the plaintiffs a trial can the case be taken before a lower court?

Attorney answers (2)

  1. Ikemesit Amajak Eyo

    Contributor Level 18


    Lawyers agree

    Answered . First, if you are the plaintiff in this case, you may want to file an objection to that motion for summary judgment within thirty (30) days of having been served a copy of the motion.

    However, to answer your question regarding how long it will take for the judge to decide... it depends. The judge will not rule in less than thirty days, but how long it actually does take depends on the judge's docket (number of cases) and the complexities of the case and/or the issues presented in the motion (and the opposition, if there is one).

    If the judge grants the defendant's motion for summary judgment (meaning that the case gets dismissed), the plaintiff's only options would be to either file a motion to reconsider or appeal the decision. Appeals are NEVER heard by a lower court than the one that issued the ruling/decision.

    I hope this answers your questions.

    ~ Kem Eyo

    The above answer is a general explanation of legal rights and procedures. It does not constitute legal advice. Nor... more
  2. Houston Dillard Smith III

    Contributor Level 12

    Answered . There is no set time in which the judge must rule on a Motion to Dismiss or Motion for Summary Judgment. If the judge grants the motion then you have the option of a direct appeal to the Court of Appeals.

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