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what is the difference for a motion for summary judgement and a bench trial. how long do bench trial s last?

Submitted: 31 days and 16 hours ago.

Category: Legal

Value: $15

Status: CLOSED

State/Country relating to Question: New York

Already Tried:
nothing yet

Posted by LawNinvest 31 days and 16 hours ago.

Answer

A bench trial means having a trial without a jury, meaning the trial will only be heard by the Judge. A summary judgment is a motion asking the judge to make a ruling without having a trial based on what is said on the motion (no trial is held). There is no time frame for a bench trial or a trial by jury, it would depend on the issues to be considered before the court and each parties evidence, witnesses and arguments which they will present to the Judge.

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Legal Disclaimer. The information given by me is not legal advice. I am not establishing an attorney-client relationship with you. I am providing only research, resources and information only for you to be informed and educated about your particular needs and my answer is limited to the facts presented. You are only paying me for such information given. No part of this disclaimer can be copied or reproduced without the express consent of the owner [lawNinvest]. Thank you.

31 days and 16 hours ago.

Reply

well i have to explain my situation. its in the middle of a lawsuit and the opposing side filed for motion for summary judgement in their favor. so they said i need to respond, so should i request a bench trial or can i ask for a motion for summary judgement in my favor? are there witnesses called in a bench trial? or will they just use the evidence submitted up to this point like my complaint and the deposition or will" new things" be used or will the other side look to get witnesses in a bench trial. how does it work will/can new information be used or will the judge use only info up until the motion for summary judgement was filed by the other side

Posted by LawNinvest 31 days and 16 hours ago.

Answer

Their motion is asking the court to go no further with the lawsuit, that you don't have a case and to grant them judgment. Your response is to object to the motion for summary judgment and to request that their motion be denied and for the court to proceed with the balance of the lawsuit.

So you are not asking for a bench trial or summary judgment in your favor, but instead you are asking that the court to deny their motion and to continue with the lawsuit as you do have a case that needs to be heard by the judge.

So you need to prepare a Response in Opposition to Summary Judgment.

Your response should contain Statement of facts, Arguments and Conclusion.

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Please Note: My answer or reply is limited to your facts presented and additional information you post may not come in after my reply or answer has posted, if this has occurred please let me know and I will answer further. Due to site tech reasons, oftentimes I am initially only able to see the first part of your post, so this may result in more interactions between us. There might also be a delay in my reply or answers, as I may be helping other customers, or called away from my office or have logged off. Please be assured your question(s) will be answered promptly.

If I have been helpful, please click Accept for my time and research, this is the only way I get paid. If you need more help or clarification, please click reply. Positive Feedback is greatly appreciated and reciprocated. Feedback should relate to customer service and not about the law, which I have no control over. You can always request me through my profile here or beginning your question with “Attention lawNinvest” Thank you.

Legal Disclaimer. The information given by me is not legal advice. I am not establishing an attorney-client relationship with you. I am providing only research, resources and information only for you to be informed and educated about your particular needs and my answer is limited to the facts presented. You are only paying me for such information given. No part of this disclaimer can be copied or reproduced without the express consent of the owner [lawNinvest]. Thank you.

31 days and 16 hours ago.

Reply

ok but if i want a bench trial, so i can extend time etc. would they be able to bring in new info or witnesses?

Posted by LawNinvest 31 days and 16 hours ago.

Answer

Just to answer your question all evidence and witnesses would have to be disclosed after discovery is completed in a pre-trial conference, so not new info or witnesses are to be brought forward unless it is a surprised witness or you agree to it.

But your lawsuit is already before a judge so in essence you are already having your bench trial because your lawsuit is already before the judge, since you say you are in the middle of a lawsuit, the lawsuit is your trial before the judge (thus your bench trial).

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Please Note: My answer or reply is limited to your facts presented and additional information you post may not come in after my reply or answer has posted, if this has occurred please let me know and I will answer further. Due to site tech reasons, oftentimes I am initially only able to see the first part of your post, so this may result in more interactions between us. There might also be a delay in my reply or answers, as I may be helping other customers, or called away from my office or have logged off. Please be assured your question(s) will be answered promptly.

If I have been helpful, please click Accept for my time and research, this is the only way I get paid. If you need more help or clarification, please click reply. Positive Feedback is greatly appreciated and reciprocated. Feedback should relate to customer service and not about the law, which I have no control over. You can always request me through my profile here or beginning your question with “Attention lawNinvest” Thank you.

Legal Disclaimer. The information given by me is not legal advice. I am not establishing an attorney-client relationship with you. I am providing only research, resources and information only for you to be informed and educated about your particular needs and my answer is limited to the facts presented. You are only paying me for such information given. No part of this disclaimer can be copied or reproduced without the express consent of the owner [lawNinvest]. Thank you.

31 days and 16 hours ago.

Reply

they mentioned other ppl such as "this party may have information" etc. but did not call upon those ppl for the deposition.if i requested a bench trial could they call those ppl now?also i am looking to extend time for my case to finish my paperwork so how would i go about this?

Posted by LawNinvest 31 days and 16 hours ago.

Info Request

What paperwork are you referencing?

In what stage of this lawsuit are you in?

31 days and 15 hours ago.

Reply

they filed for motion for summary judgement and motion to dismiss, i need to object obviously so they said i havea right to trial, i am thinking about preparing an objection to motion for summary judgement or asking for a bench trial either way i am looking to extend time to take care of this by the deadline they gave me

Posted by LawNinvest 31 days and 15 hours ago.

Answer

To extend time you would need to file a separate motion or ex-parte application and provide good cause for why you cannot file within the deadline provided. So this would consist of another motion to extend time based on good cause. According to the New York code of civil procedure a first time extension would need to be done by exparte for a ten day extension, all others would require a motion.

Section 208.7 Pleadings.
(a) Except as required by statute, a formal pleading may be dispensed with in any case in which the party required to serve the pleading appears in person, and an order to that effect may be entered ex parte by the judge presiding at the appropriate motion part, upon application to the clerk, who shall refer the same to such judge. Any other party may move at the appropriate motion part to modify or vacate such ex parte order.

(b) All formal pleadings in this court and verifications thereof shall be in conformity with CPLR article 30.

(c) An order directing the service and filing of a formal pleading, or pleadings, shall specify the time within which the same shall be served and filed.

(d) A defendant's time to move or answer may be extended by ex parte order no more than once, and for no longer than 10 days beyond the expiration of the original time to answer, and only if there has been no previous extension by consent. All further applications for extensions shall be made by motion upon notice returnable in the part designated to hear motions on notice.

http://www.courts.state.ny.us/rules/trialcourts/208.shtml

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_______________________________________________

Please Note: My answer or reply is limited to your facts presented and additional information you post may not come in after my reply or answer has posted, if this has occurred please let me know and I will answer further. Due to site tech reasons, oftentimes I am initially only able to see the first part of your post, so this may result in more interactions between us. There might also be a delay in my reply or answers, as I may be helping other customers, or called away from my office or have logged off. Please be assured your question(s) will be answered promptly.

If I have been helpful, please click Accept for my time and research, this is the only way I get paid. If you need more help or clarification, please click reply. Positive Feedback is greatly appreciated and reciprocated. Feedback should relate to customer service and not about the law, which I have no control over. You can always request me through my profile here or beginning your question with “Attention lawNinvest” Thank you.

Legal Disclaimer. The information given by me is not legal advice. I am not establishing an attorney-client relationship with you. I am providing only research, resources and information only for you to be informed and educated about your particular needs and my answer is limited to the facts presented. You are only paying me for such information given. No part of this disclaimer can be copied or reproduced without the express consent of the owner [lawNinvest]. Thank you.

31 days and 15 hours ago.

Reply

also pls answer about if in a bench trial they would be able to use witnesses that were mentioned in their defense as "may possess discoverable info" but werent used in the case up till they asked for motion for summary judgement

Posted by LawNinvest 31 days and 15 hours ago.

Answer

Yes, that is possible if they reserve to name such witnesses as needed.

Please click accept, it is greatly appreciated. To request me for future questions, please begin your question with “Attention lawNinvest” Thank you.

_______________________________________________

Please Note: My answer or reply is limited to your facts presented and additional information you post may not come in after my reply or answer has posted, if this has occurred please let me know and I will answer further. Due to site tech reasons, oftentimes I am initially only able to see the first part of your post, so this may result in more interactions between us. There might also be a delay in my reply or answers, as I may be helping other customers, or called away from my office or have logged off. Please be assured your question(s) will be answered promptly.

If I have been helpful, please click Accept for my time and research, this is the only way I get paid. If you need more help or clarification, please click reply. Positive Feedback is greatly appreciated and reciprocated. Feedback should relate to customer service and not about the law, which I have no control over. You can always request me through my profile here or beginning your question with “Attention lawNinvest” Thank you.

Legal Disclaimer. The information given by me is not legal advice. I am not establishing an attorney-client relationship with you. I am providing only research, resources and information only for you to be informed and educated about your particular needs and my answer is limited to the facts presented. You are only paying me for such information given. No part of this disclaimer can be copied or reproduced without the express consent of the owner [lawNinvest]. Thank you.

30 days and 15 hours ago.

Reply

if you want to get paid youre going to have to answer the last part

Posted by LawNinvest 30 days and 12 hours ago.

Answer

I did answer your question, please review.

30 days and 11 hours ago.

Reply

i also asked about if i do a motion for summary judgemengt to get to do it later how much time i can extend for whats the maximum

Posted by LawNinvest 30 days and 10 hours ago.

Answer

I don't understand your question.

By law you only get a one time extension for ten days. After that it would depend on the court based on good cause.

Not sure what you mean by "to do it later how much time I can extend." I am assuming you are asking how much time you would get if the motion to extend was granted, which I did answer previously when I cited that legal reference. If that is not your question, then I'm not understanding.

For reference I said the following:

To extend time you would need to file a separate motion or ex-parte application and provide good cause for why you cannot file within the deadline provided. So this would consist of another motion to extend time based on good cause. According to the New York code of civil procedure a first time extension would need to be done by exparte for a ten day extension, all others would require a motion.

Section 208.7 Pleadings.
(a) Except as required by statute, a formal pleading may be dispensed with in any case in which the party required to serve the pleading appears in person, and an order to that effect may be entered ex parte by the judge presiding at the appropriate motion part, upon application to the clerk, who shall refer the same to such judge. Any other party may move at the appropriate motion part to modify or vacate such ex parte order.

(b) All formal pleadings in this court and verifications thereof shall be in conformity with CPLR article 30.

(c) An order directing the service and filing of a formal pleading, or pleadings, shall specify the time within which the same shall be served and filed.

(d) A defendant's time to move or answer may be extended by ex parte order no more than once, and for no longer than 10 days beyond the expiration of the original time to answer, and only if there has been no previous extension by consent. All further applications for extensions shall be made by motion upon notice returnable in the part designated to hear motions on notice.

_______________________________________________

Please Note: My answer or reply is limited to your facts presented and additional information you post may not come in after my reply or answer has posted, if this has occurred please let me know and I will answer further. Due to site tech reasons, oftentimes I am initially only able to see the first part of your post, so this may result in more interactions between us. There might also be a delay in my reply or answers, as I may be helping other customers, or called away from my office or have logged off. Please be assured your question(s) will be answered promptly.

If I have been helpful, please click Accept for my time and research, this is the only way I get paid. If you need more help or clarification, please click reply. Positive Feedback is greatly appreciated and reciprocated. Feedback should relate to customer service and not about the law, which I have no control over. You can always request me through my profile here or beginning your question with “Attention lawNinvest” Thank you.

Legal Disclaimer. The information given by me is not legal advice. I am not establishing an attorney-client relationship with you. I am providing only research, resources and information only for you to be informed and educated about your particular needs and my answer is limited to the facts presented. You are only paying me for such information given. No part of this disclaimer can be copied or reproduced without the express consent of the owner [lawNinvest]. Thank you.

29 days and 23 hours ago.

Reply

how long can i do a motion for extension for?

Posted by LawNinvest 29 days and 23 hours ago.

Answer

If the question is how long do you have to file for the motion for extention, the answer is you need to do it before your original time to provide an answer expires. That should be stated in the paperwork you got. A response to a motion to dismiss has 15 days once you are served their paperwork.

Please click accept, it is greatly appreciated. To request me for future questions, please begin your question with “Attention lawNinvest” Thank you.

_______________________________________________

Please Note: My answer or reply is limited to your facts presented and additional information you post may not come in after my reply or answer has posted, if this has occurred please let me know and I will answer further. Due to site tech reasons, oftentimes I am initially only able to see the first part of your post, so this may result in more interactions between us. There might also be a delay in my reply or answers, as I may be helping other customers, or called away from my office or have logged off. Please be assured your question(s) will be answered promptly.

If I have been helpful, please click Accept for my time and research, this is the only way I get paid. If you need more help or clarification, please click reply. Positive Feedback is greatly appreciated and reciprocated. Feedback should relate to customer service and not about the law, which I have no control over. You can always request me through my profile here or beginning your question with “Attention lawNinvest” Thank you.

Legal Disclaimer. The information given by me is not legal advice. I am not establishing an attorney-client relationship with you. I am providing only research, resources and information only for you to be informed and educated about your particular needs and my answer is limited to the facts presented. You are only paying me for such information given. No part of this disclaimer can be copied or reproduced without the express consent of the owner [lawNinvest]. Thank you.

29 days and 22 hours ago.

Reply

no i asked if i file a motion for extension to prepare paperwork how long can i ask to extend for

Accepted Answer

The maximum amount you can ask is equivalent to the amount of time you need originally. So for example if you have 15 days to file an answer, you can ask for another 15 days. Again the maximum would be the equivalent of time you have to file your papers if you did not ask for an extension. Hope this makes sense.

_______________________________________________

Please Note: My answer or reply is limited to your facts presented and additional information you post may not come in after my reply or answer has posted, if this has occurred please let me know and I will answer further. Due to site tech reasons, oftentimes I am initially only able to see the first part of your post, so this may result in more interactions between us. There might also be a delay in my reply or answers, as I may be helping other customers, or called away from my office or have logged off. Please be assured your question(s) will be answered promptly.

If I have been helpful, please click Accept for my time and research, this is the only way I get paid. If you need more help or clarification, please click reply. Positive Feedback is greatly appreciated and reciprocated. Feedback should relate to customer service and not about the law, which I have no control over. You can always request me through my profile here or beginning your question with “Attention lawNinvest” Thank you.

Legal Disclaimer. The information given by me is not legal advice. I am not establishing an attorney-client relationship with you. I am providing only research, resources and information only for you to be informed and educated about your particular needs and my answer is limited to the facts presented. You are only paying me for such information given. No part of this disclaimer can be copied or reproduced without the express consent of the owner [lawNinvest]. Thank you.

Accepts:
Expert:	LawNinvest
Pos. Feedback:	99.5 %
Answered:	10/23/2009

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what is the difference for a motion for summary judgement and a bench trial. how long do bench trial s last?

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State/Country relating to Question: New York

Already Tried:
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ok but if i want a bench trial, so i can extend time etc. would they be able to bring in new info or witnesses?

Answer

Reply

they mentioned other ppl such as "this party may have information" etc. but did not call upon those ppl for the deposition.if i requested a bench trial could they call those ppl now?also i am looking to extend time for my case to finish my paperwork so how would i go about this?

Info Request

What paperwork are you referencing?

In what stage of this lawsuit are you in?

Reply

Answer

Reply

also pls answer about if in a bench trial they would be able to use witnesses that were mentioned in their defense as "may possess discoverable info" but werent used in the case up till they asked for motion for summary judgement

Answer

Reply

if you want to get paid youre going to have to answer the last part

Answer

I did answer your question, please review.

Reply

i also asked about if i do a motion for summary judgemengt to get to do it later how much time i can extend for whats the maximum

Answer

Reply

how long can i do a motion for extension for?

Answer

Reply

no i asked if i file a motion for extension to prepare paperwork how long can i ask to extend for

Accepted Answer

Law

Have your own Legal question?

Related Law Topics:

Question

what is the difference for a motion for summary judgement and a bench trial. how long do bench trial s last?

Optional Information

State/Country relating to Question: New York Already Tried: nothing yet

Answer

Reply

Answer

Reply

ok but if i want a bench trial, so i can extend time etc. would they be able to bring in new info or witnesses?

Answer

Reply

they mentioned other ppl such as "this party may have information" etc. but did not call upon those ppl for the deposition.if i requested a bench trial could they call those ppl now?also i am looking to extend time for my case to finish my paperwork so how would i go about this?

Info Request

What paperwork are you referencing?In what stage of this lawsuit are you in?

Reply

Answer

Reply

also pls answer about if in a bench trial they would be able to use witnesses that were mentioned in their defense as "may possess discoverable info" but werent used in the case up till they asked for motion for summary judgement

Answer

Reply

if you want to get paid youre going to have to answer the last part

Answer

I did answer your question, please review.

Reply

i also asked about if i do a motion for summary judgemengt to get to do it later how much time i can extend for whats the maximum

Answer

Reply

how long can i do a motion for extension for?

Answer

Reply

no i asked if i file a motion for extension to prepare paperwork how long can i ask to extend for

Accepted Answer

Related Legal Questions

State/Country relating to Question: New York

Already Tried:
nothing yet

What paperwork are you referencing?

In what stage of this lawsuit are you in?