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motion for summary judgment

Started by lclindalu , Mar 06 2012 10:25 AM

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#1 lclindalu

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Posted 06 March 2012 - 10:25 AM

Idaho

I have a tenant/landlord issue and am being taken to court by my landlord.

I was served with a summons, then filed the simple answer form that says what paragraphs I agree or don't agree with.

I was then mailed two copies of a Motion for Summary Judgment. I do not have a lawyer, I do not know what this means.

Is there a response required?

What is the response called?

Is there a time frame to get this response in if there is one?

The court clerk does not know anything, I have tried to find an online form, I have tried to find what this means, all to no avail. please help.

#2 pg1067

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Posted 07 March 2012 - 02:30 AM

http://forums.prospe.../0/5/quote.icon); PADDING-BOTTOM: 5em; MARGIN: 0.5em; COLOR: #666; LINE-HEIGHT: 1.5em; PADDING-TOP: 0.5em; BACKGROUND-REPEAT: no-repeat; FONT-STYLE: italic; BACKGROUND-COLOR: #f5f5f5">lclindalu said...

I was then mailed two copies of a Motion for Summary Judgment. . . . I do not know what this means.

A motion for summary judgment argues that none of the materials facts in the case are disputed and that, as a result, the case can be decided as a matter of law based on the undisputed facts.

Is there a response required?

Do you disagree with the arguments made in the motion? If so, then you will need to file a response in order to articulate your own arguments. If you don't file a response, the court will decide the motion based solely on the moving papers and may interpret your lack of an opposition as a concession that the motion should be granted.

What is the response called?

Typically, "opposition to motion for summary judgment."

Is there a time frame to get this response in if there is one?

I'm sure there is, but I don't know what it is in Idaho. I suggest a visit to a law library.

The clerk certainly knows a great many things but cannot give you legal advice, and this isn't something that can be done by using pre-printed forms.

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