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What is the proper response to a "response to motion for summary

Resolved Question:

What is the proper response to a "response to motion for summary judgment"?
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  Roger replied 1 year ago.

Kirk Adams :

Hi - thanks for looking me up.

Kirk Adams :

A motion for summary judgment is a request by the moving/filing party to be granted a judgment without having to go to trial (summary judgment) because the facts are undisputed (you usually see the language "there is no genuine issue of material fact...") and that the party is entitled to a judgment as a matter of law.

Customer:

Sure, this is up your alley

Kirk Adams :

Motions for summary judgment are VERY HARD to win, which is good news if you're not the party that filed the motion!

Kirk Adams :

Basically, you have to prove that under NO circumstance can the other party prevail. Because this kind of motion takes a party's right to his/her day in court, judges are very unwilling to grant these types of motions.

Customer:

I filed it. Plaintiffs councelcouncil responded with twisted truths and iI want to rebut

Kirk Adams :

That said - - it certainly happens, and motions for summary judgment are granted all the time. But, it must be shown that there is no way that the other party can defend or prevail on the claims.

Kirk Adams :

The USUAL response for something like this is to try to show the judge that there are issues, questions of fact, things that aren't settled, etc. and that there are too many issues to be resolved via motion and that a trial is required.

Customer:

ThatsThat's what iI did. He's playing word games and twisting things

Kirk Adams :

Thus, most of the time, the response is to try and tear down the allegations made and try to convince the judge that there are issues must be heard at trial, with witnesses, etc.

Customer:

This is defam against me and my ex-wife for warning our daughters that her ex was looking at child porn. We have 3 granddaughters

Kirk Adams :

The plaintiff's attorney is doing all he can to throw up any issue, point or fact he can to try and show the judge that there's a contested issue in the case.

Kirk Adams :

As for the defamation claim, generally, allegations made in court or claims made against another party can't be grounds for a defamation claim. Thus, it is not likely that this could be claimed as defamation in terms of having a legal claim.

Customer:

he did not comply with order to compel discovery-he sent NEW manufactured evidence different than he will be introducing, but says he did comply...as an example

Customer:

You misunderstand

Customer:

The case is a dfam per sesdfam

Customer:

My tablet isntisn't liking this chat chat...sorystory

Customer:

Let me get back with you on laptop

Kirk Adams :

I can switch us to Q&A.....

Customer: replied 1 year ago.

Ok. I don't know how to get back into chat. Sorry, but my tablet was having major issues with that chat.


 


ANYWAY:


 


I am the defendant in a defam per se case; our original atty was either incompetent, or trying to help the plaintiff win, or didn't gives a rat's arse, or all of the above. When we confronted him, he withdrew and now we are pro se.


 


I filed a motion for summary judgment listing 5 reasons why no issues remained for trial and the judge should find in our favor. In plaintiffs response he did a bunch of double-talk--i.e. he said that even if privilege existed, he can prove actual malice because the plaintiff said we lied and therefore we acted in malice. Most of his arguments against the motion are based on the plaintiff swearing he didn't look at child porn. I thought I ran across case law saying an affidavit by the non-moving party alone does not constitute evidence against summary judgment, so I'm confused as to why he's hanging his hat on that.


 


So, I want to rebut his response. Is it a "reply to Plaintiff's reply to..." or other?


 

Expert:  Roger replied 1 year ago.
Your response would be "Defendant's Response to Plaintiff's Reply to Motion for Summary Judgment".

You would need to respond to the plaintiff and provide why the allegations made by the plaintiff are not factual and should not warrant surviving the motion for summary judgment.
Customer: replied 1 year ago.

Ok, when you say respond to the plaintiff, do you mean every point by point argument he put forth? Or can I just respond to the BS. as a whole? Because if I quote the case law stating his affidavit can not be considered evidence when the judge considers the motion, it shoots down about 75% of his response.


 


I want to get it right, but I also want to keep it brief and to the point.

Expert:  Roger replied 1 year ago.
You need to respond to EVERY point that the plaintiff claims is a reason why summary judgment should not be granted. Thus, you'll likely find yourself arguing all points, and maybe even repeating claims from your original motion.

The best way to respond is PARAGRAPH by PARAGRAPH to make sure you don't miss anything.
Roger, Lawyer
Category: Real Estate Law
Satisfied Customers: 27248
Experience: BV Rated by Martindale-Hubbell; SuperLawyer rating by Thompson-Reuters
Roger and 9 other Real Estate Law Specialists are ready to help you
Customer: replied 1 year ago.

I was afraid of that.


 


Thanks again

Expert:  Roger replied 1 year ago.
Yes, it's very tedious work, but you don't want to leave anything to chance.
Roger, Lawyer
Category: Real Estate Law
Satisfied Customers: 27248
Experience: BV Rated by Martindale-Hubbell; SuperLawyer rating by Thompson-Reuters
Roger and 9 other Real Estate Law Specialists are ready to help you

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