If I cross motion for SJ off an incoming motion for SJ, will my opponent be asked to respond to my cross motion, or is their initial motion for SJ sufficient for the court?
Dear Alexandria - The decision to respond to a motion is a tactical one, but most folks will do so. There is danger is NOT responding, and it is very likely that any opposition will be beneficial. No one is likely to ask anyone to respond - the rules in your court are published and litigants are expected to know then,. There is no "referee" to see that the rules are followed - until AFTERWARD - the judge will decide. You should expect to get a response. Good luck!
That is a question very much depending on the case: a SJ motion argues to the court that a trail is not necessary because there are no facts in dispute and the court should rule in favor of the moving party. A cross motion can be interpreted as agreeing that there are no facts in dispute but that the decision should go the other way. These are not decisions that can be made on the fly or in an AVVO public forum.
As my colleague stated, this is a tactical decision on the part of the opposing party and his/her counsel, and really depends on how the issues are laid out in the motions unless Virginia or the judge hearing the case has rules which require a response. Based on the information provided in your question, it is difficult to know how this will play out.
Please be advised that the statements herein cannot be relied upon in any way or manner as legal advice and no attorney-client relationship has been formed by virtue of this answer. The above merely reflects my un-researched response to the question based on the facts that you've presented in your question.
It is my understanding under the Virginia Rules that a response to a motion for Summary Judgment, whether by cross-motion or direct-motion must be responded to or it is deemed admitted. Perhaps, if the local rules allow, you can schedule the cross-motion hearing earlier than the summary judgment hearing to have the judge settle the issue.
Attorney answers to questions are for general purposes only, do not constitute legal advice and do not establish an attorney-client relationship.
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