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Thelawman2
Thelawman2, Attorney
Category: Legal
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Experience:  Attorney-at-Law
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I filed a motion for partial summary judgment and filed another

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I filed a motion for partial summary judgment and filed another motion for partial summary judgment on additional claims not stated in the first motion. I reviewed federal rule 56 and it fails to state a party cannot file more than one partial summary judgment. I incorporated within my second partial summary judgment facts, evidence, and memorandum of law and authorities of my first summary judgment. Can the court not allow my second partial summary and can opposing counsel move to have it stricken?

Thelawman2 :

It depends on the jurisdiction where you file the case. The Federal Rules of Civil Procedure do not prevent such a procedure of filing multiple summary judgment motions; however, some local court rules require that you ask the court for leave to file two summary judgment motions

Customer:

I did not see anything in the local rules.

Customer:

The local rules simply reference Federal Rule 56.

Customer:

if you replied I am unable to read your reply.

Thelawman2 :

If there is nothing in the local rules, then you would be okay.

Customer:

Even with my incorporating my first motion for partial summary judgment? Opposing counsel has not filed nor served any response to my first motion.

Thelawman2 :

As you correctly pointed out, there is nothing in the federal rules to prevent you from filing multiple summary judgment motions. You could ask the Court to consolidate the two summary judgment motions (however, most likely the court will do that anyways)

Customer:

Great! thank you.

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