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Procedurally, can I oppose plaintiff's Motion for Summary Judgment then later put in my own Motion for Summary Judgment ?

Indianapolis, IN |

Can I Take this first step to oppose the plaintiff's Motion for SJ and then if their motion is denied, can I then Motion for SJ on my counterclaim? I will not be able to meet the lawyer until next week and I need to get my response in ASAP. I want to keep my options open. After my response-opposition to their Motion for SJ- would I also have the option of putting in a Motion to Dismiss? Thank You!

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Attorney answers 4


I would ask the opposing side to stipulate subject to court approval to a continuance on the date for your opposition and the MSJ hearing and get the lawyer involved. If they will not, then go into court ex parte and explain to the judge you tried to get an extension as you have a lawyer coming in but they would not agree and you need the lawyer to oppose the MSJ. The judge would rather have a lawyer doing the opposition than you.
You can file your MSJ or Motion to Dismiss anytime as long as there is enough time left before the motion cut-off or trial to schedule the hearing and give adequate notice to the other side.

Legal disclaimer:This message does not constitute legal advice and does not create an attorney-client relationship. Any statements are made for general informational purposes and do not constitute legal advice. No attorney-client privilege is created by this communication. Attorney is licensed in California only.


If the claim is worrh winning it is worth hiring an attorney, and you should do so immediately. There are deadlines imposed by the court for filing motions. You can try filing a motion to extend deadlines.


File your response / objection to the pending MFSJ. Be sure to prepare detailed objections to their statement of facts and prepare your own counter-statement of facts as appropriate. Get this timely filed. Then, wait until your opposition files their reply to the MFSJ. Once you know all of their various arguments and they have their position firmly in place, prepare and file your own separate Motion for Summary Judgment immediately. The court will likely still schedule both Motions for argument at the same time but by taking this strategy you will know in advance the arguments your opponent will be making in advance to your own MFSJ.

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If you survive their motion, you can file any motion that you want to that has factual and legal basis.