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lwpat, Attorney
Category: Business Law
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Experience:  Attorney with over 35 years of business experience.
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Are summary judgment and declaratory judgment the same

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Are summary judgment and declaratory judgment the same? If not what is the difference? Just to remind you: I sued a client for non payment of goods from my NYS corporation in NY. They won on jurisdiction in NY since the jewelry was delivered to them in Texas and so I then sued them in Texas within the statute of limitation. They filed a motion for declaratory judgment to have the case dismissed in Texas and I filed an affidavit in opposition to their motion for declaratory judgment along with my own motion for summary judgment. A court date was set to hear both motions and today I received a copy of a motion from the defendant to move the court date because they are asking for more time to file their motion for summary judgment. Is this not redundant since they have already filed a motion for declaratory judgment? Also if their motion to extend the submission date for their motion for summary judgment is granted that will grant me only 24 days under statute to respond. Do the Rules of Civil Procedure in Texas allow me an extension beyond the 24 days to respond and can the defendant file both a declaratory and summary judgment to be heard together?
Submitted: 5 years ago.
Category: Business Law
Expert:  lwpat replied 5 years ago.
They are different but in your case it appears that they have used the declaratory judgment as a motion for summary judgment. A declaratory judgment is a judgment of a court which determines the rights of parties without ordering anything be done or awarding damages.
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