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When do I file a OBJECTION TO MOTION FOR SUMMARY JUDGMENT In CT

Watertown, CT |
Filed under: Foreclosure

The bank has filed a motion for summary judgement. when do I file a ojection, and how much time do I have to file it.

Attorney Answers 2

Posted

If you are involved in any sort of litigation in Connecticut, you must make yourself familiar with the Connecticut Practice Book. It can be found here:

http://www.jud.ct.gov/pb.htm

Other publications that are helpful can be found here:

http://www.jud.ct.gov/pub.htm

According to Connecticut Practice Book section 17-45, "The motion shall be placed on the short calendar to be held not less than fifteen days following the filing of the motion and the supporting materials, unless the judicial authority otherwise directs." "Any adverse party shall at least five days before the date the motion is to be considered on the short calendar file opposing affidavits and other available documentary evidence."

So, you should file your objection, memorandum in opposition and opposing documents not less than ten (10) days after the filing of the motion.

Alternatively, you "may, within ten days of the filing of the motion with the court, file a request for extension of time to respond to the motion. The clerk shall grant such request and cause the motion to appear on the short calendar not less than thirty days from the filing of the request." Conn. Practice Bk. section 17-45. So, this is an automatic extension of time.

I also agree with my colleague that a motion for summary judgment is a very serious matter and that you should be very careful to respond to it in a timely manner and with the proper legal arguments and opposing evidence. Your failure to respond to a motion for summary judgment properly could result in you losing the case.

Therefore, I recommend that you immediately consult an attorney who is experienced with foreclosure litigation for more specific advice, as this answer is for general guidance purposes only, relies entirely on the information you have provided, and cannot possibly address all of the issues relevant to your particular situation without a comprehensive personal interview.

Sincerely,

Kent M. Miller
Attorney-at-Law
PO Box 352
Stratford, CT 06615
Tel: 203-380-2161
Fax: 866-496-4374 (toll free)
kmmillerjd@gmail.com

This answer is for general purposes only and does not establish an attorney-client relationship. An attorney-client relationship will not be established with me unless and until you have executed a written agreement for me to represent you.

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Posted

Generally, you don't "object" to a motion for summary judgment. A summar judgment says "Judge, even if the denials they answered are true, we are still entitled to judgment as a matter of law."

Instead of objecting, you must respond to the motion with a legal analysis explaining why the motion should be denied.

At this point in litigation, it is very serious. If the motion is granted, the other party wins - judgment or dismissal. If the result is Important to you, and they usually are, you should not respond by yourself. You need a qualified attorney on your side.

I hope this helps.
Respectfully,
Steven A. Leahy
www.chicagotaxteam.com

Please note that the above is not intended as legal advice, it is for educational purposes only. No attorney-client relationship is created or is intended to be created hereby. You should contact a local attorney to discuss and to obtain legal advice.

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