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I Texas Deceptive Trade Practices Lawsuit.. Answer and counterclaim…

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I Texas Deceptive Trade Practices...
I Texas Deceptive Trade Practices Lawsuit.. Answer and counterclaim have been filed. Motion for Summary Jugment has been sought. Can I just amend my answer counterclaim, or do I need file a motion of continuance??
Submitted: 8 years ago.Category: Legal
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Answered in 6 minutes by:
6/9/2010
Lawyer: LawTalk, Attorney replied 8 years ago
LawTalk
LawTalk, Attorney
Category: Legal
Satisfied Customers: 37,876
Experience: I am a practicing attorney with more than 3 decades of experience in the legal field.
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Good morning,

I'm sorry to hear of your dilemma.

Once the Summary Judgment Motion has been filed, to Amend your pleadings you will need to file a Motion with the court asking to be allowed to file your Amended pleadings. You do not appear to have the basis for a continuance of the upcoming hearing, and the court is very unlikely to grant a continuance just so you can delay the hearing, I'm afraid.

In the meantime you will have to proceed with responding to the Summary Judgment motion. It is in that response that you will need to set out the facts in dispute which make the Summary Judgment motion inappropriate for the court to grant to the moving party. this is a fairly complicated are of litigation and you really need an attorney to assist you. You stand to have judgment rendered against you, or have your counterclaim dismissed, if you make a mistake at this point.

I wish you the best in 2010.

Please don’t forget that I only receive credit for having helped you when you click on the Accept Button located at my Answer.

Best regards,

Doug

LawTalk
LawTalk, Attorney
Category: Legal
Satisfied Customers: 37,876
Experience: I am a practicing attorney with more than 3 decades of experience in the legal field.
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Customer reply replied 8 years ago

I have evidence to why the court should not proceed with a summary judgement? Where could I find the correct format...

Lawyer: LawTalk, Attorney replied 8 years ago
The correct format for what? Your Response and Opposition to the Motiuon for Summary Judgment?

Doug
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