A MSJ can be filed anytime after the answer, but realistically there needs to be a reasonable opportunity to conduct discovery by both sides in order to refine the legal and factual issues. Whether a MSJ gets filed is dependant on many factors and it is hard to predict. If the the other side has a lawyer and the facts and caselaw are on their side, then the liklihood is greater. They are required to give notice and prepare the pleadings which can be time consuming and expensive. If I were you, I would focus on propounding discovery that helps prove the elements you need to defend the case.
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A MSJ can be filed any time that a party is able to argue that there are no issues of material fact. If the only issues are legal ones, SJ can be appropriate. In a foreclosure, there is almost always a MSJ and many are granted. If the other side thinks they have grounds for it, they are likely to pursue it since it may be cheaper than trial. I would not shy away from a MSJ based on the other side "kicking and screaming." I hope that helps. It's a general question so I can only give a general answer.
There is no substitute for the professional advice of an attorney who knows your case and represents you. My post is not, and may not be relied on as, legal advice and does not create an attorney-client relationship. Best wishes for a just and expeditious resolution.
Although a motion for summary judgment may be filed at any time, they are typically filed at the close of discovery.
I have filed them earlier when, for example, a party has testified at deposition to facts that defeat their case or answered requests for admissions in such a way as to establish a claim or defense.
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If this is a foreclosure, I can almost guarantee a motion for summary judgment regardless of whether there is outstanding discovery, pending motions, etc. These foreclosure mills try to steamroll people constantly; and I've seen judges let them get away with it. It's awful.
The key to staving it off is to have genuine issues of material fact in play which need testimony and evidence to sort out. Without those, the court can rule on strictly legal issues.
Do you know the consequences of your legal situation on your Financial & Estate Plan? Dennis Phillips is an attorney and financial planner based in South Florida. He is a member of the Florida bar, he holds the nation-wide Series 65 Investment Advisor license, and holds an insurance license in Florida and Virginia. Disclaimer: The response above is not legal advice and does not create an attorney/client relationship. The response is in the form of legal education and is intended to provide general information about the matter within the question. Oftentimes the question does not include significant and important facts and timelines that, if known, would significantly alter the above response.