What or the pros and cons of recinding a motion for no evidence summary judgement if your are the claimant

Asked about 3 years ago - Austin, TX

plaintiff was pro se defendant filed no evidence summary judgement plaintiff hired attorney submitted request for continuance denied by defendant then at the hearing passed on motion for no evidence summary judgement

Additional information

plaintiff was pro se, the defendant filed

Attorney answers (4)

  1. Michael S. Haber

    Pro

    Contributor Level 20

    Answered . I'm not familiar with the terminology of a "no evidence summary judgment" motion. Perhaps it is terminology that is used in your state, but I'm at a loss to figure out what the term might mean. If, instead, you are referring to a motion for summary judgment, then it is difficult to determine the efficacy of such a motion without knowing something about the case.

    Motions for summary judgment have an array of pros and cons. On the pro side, the movant might possibly win the entire case (or a substantial portion of it) without the time and expense of a trial. A motion for summary judgment enables a party to flush out all of the evidence in his or her adversary's hands, because in defending a motion for summary judgment, one must show all of his or her cards. On the negative side, one may wind up showing everythign one has and then still not prevail.

    Good luck to you.

    Michael S. Haber is a New York attorney. As such, his responses to posted inquiries, such as the one above, are... more
  2. Eliz C A Johnson

    Contributor Level 17

    Answered . Your terms are off here. Defendants do not grant continuances, that is the realm of the Court. A SJ motion is a chance to prove up part of the case without going through the expense and time of a trial. It is usually filed by the defendant. One doesn't rescind a motion though one might take it off calendar. You need to talk to your attorney for this action. If you don't have one, you should get one because litigation is very complicated and demanding and this is where the unwary lose their cases.

    You cannot get an accurate answer for this complicated a question in this forum. If you cannot afford an attorney, look for a local Legal Aid or other low income legal services group. Or, use the AVVO.com web site to find an attorney in your area. In addition to that, contact your local bar association for referral to an attorney who specializes in this or talk to friends and neighbors to ask about an attorney they have used and liked. Often, but not always, the attorney will do an initial consultation free of charge. You will then be in a better position to determine what to do next. Best of luck to you!

    If you liked this answer, click on the thumbs up! Thanks. Eliz. C. A. Johnson Post Office Box 8 Danville,... more
  3. Pamela Koslyn

    Contributor Level 20

    Answered . I don't understand your terminology. If you're the plaintiff and are pro per, you need to hire a lawyer. If you're the defendant who filed the MSJ, ask your lawyer.

    Motions can be withdrawn, but not rescinded.

    Parties don't deny requests for continuances, judges do. Parties can refuse to stipulate, but hearing deadlines aren't up to the parties, they're statutory.

    I don't know what "passed on motion" means.

    I'm guessing this has something to so with an MSJ that argues that plaintiff has no evidence to prove the elements of their claim. Beyond that, I don't know what you're asking. Generally an MSJ tests a case. It forces the party opposing it to put all of their best evidence in frint f the judge, because if they don't, they may not get to try their case. I suppose a party could withdraw their MSJ after they saw the opposing party's opposition and maybe got documents and declarations they didn't get in discovery responses. I can't think of any reason why a party would go to all the trouble of preapring an MSJ and withdraw it before seeing the opposing party's opposition.

    PLEASE READ THIS BEFORE YOU COMMENT, EMAIL ME OR PHONE ME. I'm only licensed in CA. This answer doesn't make me... more
  4. Eliz C A Johnson

    Contributor Level 17

    Answered . Your terms are off here. Defendants do not grant continuances, that is the realm of the Court. A SJ motion is a chance to prove up part of the case without going through the expense and time of a trial. It is usually filed by the defendant. One doesn't rescind a motion though one might take it off calendar. You need to talk to your attorney for this action. If you don't have one, you should get one because litigation is very complicated and demanding and this is where the unwary lose their cases.

    You cannot get an accurate answer for this complicated a question in this forum. If you cannot afford an attorney, look for a local Legal Aid or other low income legal services group. Or, use the AVVO.com web site to find an attorney in your area. In addition to that, contact your local bar association for referral to an attorney who specializes in this or talk to friends and neighbors to ask about an attorney they have used and liked. Often, but not always, the attorney will do an initial consultation free of charge. You will then be in a better position to determine what to do next. Best of luck to you!

    If you liked this answer, click on the thumbs up! Thanks. Eliz. C. A. Johnson Post Office Box 8 Danville,... more

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