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Andrea, Esq.
Andrea, Esq., Attorney
Category: Legal
Satisfied Customers: 12554
Experience:  25 yrs. experience in family law, estates, real estate, business law, criminal defense, immigration, and employment law.
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Thank you for the response. How many days do I have to reply

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Thank you for the response. How many days do I have to reply and can I add a statement from my bank that confirms that there was no returned check and that it was paid by them when presented?

Hello and Welcome back to JustAnswer, Thank you for requesting me,

 

The Georgia Rules of Civil Procedure provide that you have Thirty (30) days to file a Reply, unless the Judge otherwise provides a different amount of time. I am reprinting the Rules relating to Motions for Summary Judgment for your convenience:

 

 

"Rule 6.6. Time for filing summary judgment motions.

 

Rule 6.7. Motions in emergencies.

 

 

Rule 6.1. Filing.

 

In civil actions every motion made prior to trial, except those consented to by all parties, when filed shall include or be accompanied by citations of supporting authorities and, where allegations of unstipulated fact are relied upon, supporting affidavits, or citations to evidentiary materials of record. In circuits utilizing an individual assignment system, the clerk shall promptly upon filing furnish a copy provided by the attorney of such motions and related materials to the judge.

 

Rule 6.2. Reply.

 

Unless otherwise ordered by the judge, each party opposing a motion shall serve and file a response, reply memorandum, affidavits, or other responsive material not later than 30 days after service of the motion. [In state court, see State Court Rule 6.2.]

 

Rule 6.3. Hearing.

 

Unless otherwise ordered by the court, all motions in civil actions, including those for summary judgment, shall be decided by the court without oral hearing, except motions for new trial and motions for judgment notwithstanding the verdict.

 

However, oral argument on a motion for summary judgment shall be permitted upon written request made in a separate pleading bearing the caption of the case and entitled "Request for Oral Hearing," and provided that such pleading is filed with the motion for summary judgment or filed not later than five (5) days after the time for response. "

 

 

Please be kind enough to rate my service to you as "Excellent Service",

Bonus and Positive Feedback are greatly appreciated,

 

Thank you for allowing me the opportunity to assist you,



ANDREA

Andrea, Esq. and 6 other Legal Specialists are ready to help you
Customer: replied 4 years ago.
Thanks but I need further clarification. I just want to make sure that I understand. I have to answer each paragraph and make sure that they are served a copy of the answer all within 30 days and ask the judge for dismissal.

Yes, you must number the paragraphs in your response to correspond to the numbered paragraphs in the Plaintiff's Motion for Summary Judgment, something like this,

 

 

Assume this is Plaintiff's Motion for Summary Judgment,

 

1. Plaintiff is XYZ

 

2. Defendant paid such and such with his personal check drawn on ________ Bank

 

3. Defendant's check was returned marked "Insufficient Funds" on _____ ___, 2013

 

4. There are no issues or material facts in dispute

 

Etc. and so on,

 

 

Your Reply should be something like this,

 

1. (If you agree with Plaintiff's allegations, say "Admitted")

 

2. Admitted, (You are admitting you paid by check for something or other )

 

3. Denied. Defendant specifically denies that Defendant's check was returned for any reason, including "Insufficient Funds" as alleged by Plaintiff and this issue is a material fact which is in dispute. To the contrary, Defendant alleges that no check was returned for insufficient funds or for any other reason. A letter from ______ Bank, the Bank on which Defendant wrote the subject check, attesting to the fact that no check was returned is attached hereto, made a part hereof, and designated EXHIBIT "A"

 

4. Denied. Defendant specifically denies that there are no issues or material facts in dispute. To the contrary, Defendant alleges that there are several issues or material facts in dispute, including, but not limited to the following:

 

(a) ____________ ;

(b) ____________;

(c) ____________;

 

 

 

When you finish Answering all of Plaintiff''s allegations, paragraph number by paragraph number, your last paragraph should read as follows and without a number : (If you believe that there are no material facts in dispute and it is a "slam dunk" for you, then you ask for a dismissal. If not, you ask for a hearing date. I included both, so just delete the phrase that does not apply,

 

WHEREFORE, Defendant ____________ ,, prays this Honorable Court to deny Plaintiff's Motion for Summary Judgment, dismiss Plaintiff's Complaint in its entirety, and grant Defendant judgment (alternative - set a hearing/trial date for this case), and to grant such other and further relief as this Honorable Court may deem just and proper,

 

On the right hand side, write, "Respectfully submitted," draw a signature line, type your name under the signature line and sign on top of the signature line and type the date on the left hand side,

 

 

Please be kind enough to rate my service to you as "Excellent Service",

Bonus and Positive Feedback are greatly appreciated,

 

Thank you for allowing me the opportunity to assist you,



ANDREA