Judgment hearing is the Motion in Opposition required to be filed and served?

Asked over 1 year ago - Jacksonville, FL

How soon before a Foreclosure Motion for Summary Judgment hearing is the Motion in Opposition required to be filed and served on the plaintiff? Some attorneys say 10 days, some say 10 + 5 days for mailing if served by mail, and others say "before" the hearing. I am confused.

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Top question should read "How soon before a Foreclosure Motion for Summary Judgment hearing is the Motion in Opposition required to be filed and served?"

Attorney answers (1)

  1. James Cottrell Graulich III

    Contributor Level 8

    Answered . You can file your motion in opposition up until the hearing, but if you have evidence that you are going to rely on, you have to deliver it to the opposing party two days prior to the hearing. I would consult a local attorney as these are not cases individuals should try to litigate pro se. If summary judgment is granted there is not much an attorney can do to help you afterwards. Thus, consulting with an attorney before your hearing may be a wise move.

    This answer is for general informational purposes only and does not establish an attorney-client relationship.... more

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