Regarding Summary Judgment and Time Frames
if plaintiff moving for Summary judgment on the 14th of July and the trial date is July 27th is that legally sufficient according to Time frames of motions for Summary judgment?
NJ COURT RULE: 4:46-1. Time for Making, Filing, and Serving Motion
All motions for summary judgment shall be returnable no later than 30 days before the scheduled trial date
1) doesn't plaintiff have to file this motion atleast 30 days before the trial date?
2) So does no later than 30 days mean Plaintiff can file 13 or 14 days before the trial date?
5 attorney answers
With a few specific exceptions, virtually every time limit can be relaxed by the court. So the answer to your question is it depends upon what the Judge in your case says. You can certainly raise this issue, but you should also meet the substantive arguments made, just to be sure you don't lose because you didn't do that. Better still, go talk to a lawyer.
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Call the judge's law clerk, advise him or her that the other side filed a late SJ motion (which seems to be the case), and ask how the Court wants to handle the situation. If the case actually goes to trial on July 27, the summary judgment motion will probably never see the light of day. But if the trial gets delayed (which is pretty likely), you will have to defend against the motion.
This answer is given for educational purposes only. I don't know nearly enough about your case to make any advice I give you reliable. Unless and until I agree in writing to become your lawyer, nothing I say should be interpreted as legal advice.
Note that the rule goes on to state that "...unless the court otherwise orders for good cause shown, and if the decision is not communicated to the parties at least 10 days prior to the scheduled trial date, an application for adjournment shall be liberally granted..." The Court has discretion to control the calendar as noted in one of the other answers above so it most likely depends on what the judge orders.
I agree with the answer of my distinguished colleagues. However, depending on the complete facts and circumstances of your situation, and your goals and objectives, you should consult with an attorney that has both foreclosure defense and bankruptcy experience. Good luck.
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3) Since the judge would rather they did not move to delay the trial first, then submit it 30 days before the new date, the judge can be lenient and accept the motion.
After all, if the motion is good enough to win, the trial is a waste of time and the motion saves both sides and the court time and money. If it is good enough to win, it basically means "Assume everything the other side says is true. They still can't win". And if that's the case, why have a trial?
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