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Ray
Ray, Lawyer
Category: Legal
Satisfied Customers: 39586
Experience:  30 years in civil, probate, real estate, elder law
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How can i get my ssbi expedited that has pass the due date?I

Customer Question

how can i get my ssbi expedited that has pass the due date?I am in the US army
JA: What state are you in? It matters because laws vary by location.
Customer: I am now at Virginia
JA: Has anything been filed or reported?
Customer: nothing have been just waiting but they are currently slow,in the regard of that,I am stacked at fort lee training facility,not allowed to have orders or even go for holiday,they say untill completed which It makes me feel frustrated since I cannot do anyhting
JA: Anything else you want the lawyer to know before I connect you?
Customer: nothinh nothing
Submitted: 5 months ago.
Category: Legal
Expert:  Ray replied 5 months ago.

Hi and welcome to JA. Ray here to help you today.Please bear with me a few moments while I review your question and respond.

Expert:  Ray replied 5 months ago.

You would file a response to motion for summary judgment.You would argue that there remain genuine issues of material fact that require a hearing on the merits.If there are any fact issues the motion would be denied.

Customer: replied 5 months ago.
how can I do that
Expert:  Ray replied 5 months ago.

A motion for summary judgment asks the court to dispose of all or some of the issues related to your case. A motion that disposes of all issues is called a final summary judgment. A motion that only disposes of some issues is called a motion for partial summary judgment. A motion for partial summary judgment can eliminate, or narrow, the issues that are not in dispute. The case continues only on the remaining disputed issues.

enerally, a motion for summary judgment should include supporting documents from the case such as declarations, affidavits, depositions, admissions, answers to interrogatories, along with a statement of facts in support of the motion. Filing a motion also requires a supporting memorandum of points and authorities, which are the legal support for the motion such as cases or statutes. The other side must receive a copy of the motion and notice of the day the hearing is to be held on the motion.

f a motion for summary judgment is filed against you, you must file an opposition to the motion for summary judgment showing that there are issues of fact in dispute. A response must be in writing and include the same supporting documents as a motion for summary judgment. The opposition to the motion for summary judgment should also include a statement of facts showing the dispute and supporting documents.

Your response should include a supporting memorandum of points and authorities. Prior to filing your response, consult Pleadings and Practice for the appropriate format and Points and Authorities for case law supporting your position. When you file your motion or opposition to the motion for summary judgment with the court, you will need to include a proof of service verifying the date your documents were mailed to the opposing party or their attorney.

Expert:  Ray replied 5 months ago.

Summary judgment is rarely granted in Virginia courts because it is easy for either party to raise a triable issue of fact. Unlike federal courts, where claims must be accompanied by an affidavit in order to raise a fact issue, Virginia courts treat the pleadings themselves as allegations of fact sufficient to create a genuine issue for resolution by a trial.

So file your response arguing genuine issues of material fact remain and such a motion is mot warranted and that a hearing on the merits is the proper remedy here.

I appreciate the chance to help you tonight and wish you the best.

I wish you a Happy Thanksgiving too.

If you can rate 5 stars when we are done it is much appreciated.

Expert:  Ray replied 5 months ago.

I am so sorry this was a site error, please do not respond I will opt out and this will go back into que, thanks for your patience