Legal

Ask a lawyer and get answers to your legal questions

Ask a Lawyer,
Get an Answer ASAP!

This answer was rated:

I have a breach of contract action in progress that requires…

second opinion] I have a...
second opinion] I have a breach of contract action in progress that requires a declaratory judgement affirming the contract's validity. Defendant claims the the contract is flawed due to drafting error and has made counterclaim for reformation. Since the two claims are inseparable and mutually exclusive should a motion for Summary judgement on the declaratory judgement claim be combined with a motion for Summary judgement on the counterclaim for reformation? Or are these two separate motions?
Show More
Show Less
Ask Your Own Legal Question
Answered in 16 minutes by:
9/25/2017
legalgems
legalgems, Lawyer
Category: Legal
Satisfied Customers: 13,832
Experience: Just Answer consultant at Self employed
Verified
What state is this in please?
Ask Your Own Legal Question
Customer reply replied 10 months ago
Thank you. Each individual motion would be filed separately but the court may choose to consolidate them. Each party would submit their respective motion and typically when the facts are similar for both motions the court will consolidate in the interest of judicial efficiency.
Ask Your Own Legal Question
Customer reply replied 10 months ago
Interesting. Both responses seemed to assume the two motions were from different parties. In which case response seems obvious. Both motions are from same party. Repeat all arguments?

OK:

so a summary judgment on the declaratory judgment affirming validity; and also on counterclaim for reformation:

If the motion is submitted by one party, pursuant to federal rule 56 they must be contained in 1 motion:

MOTION FOR SUMMARY JUDGMENT OR PARTIAL SUMMARY JUDGMENT. A party may move for summary judgment, identifying each claim or defense—or the part of each claim or defense—on which summary judgment is sought.

http://www.uscourts.gov/sites/default/files/Rules%20of%20Civil%20Procedure.

Please see this advisory from AZ here (#6)

Further questions? Please post here to continue the chat.

Satisfied? Kindly rate positively so I receive credit for assisting you. I hope that you feel I have earned

5 stars 🌟🌟🌟🌟🌟*****

as I strive to provide my customers with great service. ☺️

(no additional charges are incurred).

Information provided is for educational purposes only. Consultation with a personal attorney is always recommended so your particular facts may be considered. The terms addressing this can be viewed here:

http://ww2.justanswer.com/terms-service-0#information

Thank you and take care.

Ask Your Own Legal Question
Customer reply replied 10 months ago
Your first link produced Requested Page Not Found. Second link #6 of attaching proposed order not related to Question. How would the combined motion be captioned?

I just tried the link and it worked- I will copy and paste and then link it as well:

http://www.uscourts.gov/sites/default/files/Rules%20of%20Civil%20Procedure.

link

# 6 states that for summary judgment, the motions may be consolidated. That complies with rule 56.

Unfortunately I cannot provide legal verbiage to be used in court filings or for legal correspondence purposes.

Ask Your Own Legal Question
Customer reply replied 10 months ago
I'm sorry but this is not a good response. I'm viewing your links in an iPhone. Your first link produces the attached. Your link marked "link" produces a simple PDF for FRCP.Your paragraph that starts off "If the motion is submitted by one party, pursuant to federal rule 56 they must " does not address my question. It is not one motion but two motions containing mostly identical arguments. Can you please pass my question to another attorney?

I'm not sure why the link is not working for you; I tested it on my laptop and it works fine-perhaps you are not including the period as that is part of the URL.

Anyhow I shall opt out so this opens to other professionals. Thank you and take care!

legalgems
legalgems, Lawyer
Category: Legal
Satisfied Customers: 13,832
Experience: Just Answer consultant at Self employed
Verified
legalgems and 87 other Legal Specialists are ready to help you
Ask your own question now
Was this answer helpful?

How JustAnswer works

step-image
Describe your issueThe assistant will guide you
step-image
Chat 1:1 with a lawyerLicensed Experts are available 24/7
step-image
100% satisfaction guaranteeGet all the answers you need
Ask legalgems Your Own Question
legalgems
legalgems
legalgems, Lawyer
Category: Legal
Satisfied Customers: 13,832
13,832 Satisfied Customers
Experience: Just Answer consultant at Self employed

legalgems is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

Not only did he answer my Michigan divorce question but was also able to help me out with it, too. I have since won my legal case on this matter and thank you so much for it.

LeeMichigan

< Previous | Next >

Meet the Experts:

Ely

Ely

Counselor at Law

24,658 satisfied customers

Private practice with focus on family, criminal, PI, consumer protection, and business consultation.

INFOLAWYER

INFOLAWYER

Attorney

22,843 satisfied customers

Licensed attorney helping individuals and businesses

JPEsq

JPEsq

Attorney

2,132 satisfied customers

Experience as general attorney, in house counsel, SSDI, Family Law attorney, and law professor

Law Educator, Esq.

Law Educator, Esq.

Attorney

44,266 satisfied customers

JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law

Ellen

Ellen

Lawyer, Consultant

8,238 satisfied customers

25 years of experience helping people like you.

Guillermo Senmartin

Guillermo Senmartin

Lawyer

301 satisfied customers

Principal Attorney at Guillermo J. Senmartin, P.A.

Dimitry K., Esq.

Dimitry K., Esq.

Attorney

17,183 satisfied customers

Multiple jurisdictions, specialize in business/contract disputes, estate creation and administration.

< Previous | Next >

Related Legal Questions
I have a breach of contract action in progress that requires
second opinion] I have a breach of contract action in progress that requires a declaratory judgement affirming the contract's validity. Defendant claims the the contract is flawed due to drafting erro… read more
Law Educator, Esq.
Law Educator, Esq.
Attorney
Doctoral Degree
44,266 satisfied customers
I have a breach of contract action in progress that requires
I have a breach of contract action in progress that requires a declaratory judgement affirming the contract's validity. Defendant claims the the contract is flawed due to drafting error and has made c… read more
INFOLAWYER
INFOLAWYER
Attorney
Doctoral Degree
22,843 satisfied customers
Second opinion] Someone files a petition against you in
Second opinion] Someone files a petition against you in civil court. You respond with your answer denying the allegations and file a counter claim against them. Then later you file amending your count… read more
LawyerDavid
LawyerDavid
Vice President & General Counsel
Juris Doctor
404 satisfied customers
Plaintiff files breach of contract claim and defendant
Plaintiff files breach of contract claim and defendant answers with affirmative defense based on mutual mistake and asserts counterclaims for reformation and unjust enrichment. Court grants reformatio… read more
Ray
Ray
Lawyer
Doctoral Degree
33,726 satisfied customers
I have been sued by a contractor who made up phony costs on
I have been sued by a contractor who made up phony costs on an invoice. I never signed a contract. What do I do? He filed small claims … read more
Asad Rahman
Asad Rahman
Attorney
J.D.
2,553 satisfied customers
Received a summons from Plaintiff regarding default on real
Received a summons from Plaintiff regarding default on real estate loan. Responded to summons with a verified answer. Stating defenses to why mortgage is not in default since downpayment was stolen an… read more
CalAttorney2
CalAttorney2
Attorney
Doctoral Degree
8,845 satisfied customers
law educator.......can i ask if i can call my witnesses now?
can i ask if i can call my witnesses on the phone now? 09 ch 2405 . the conversation with law educator has all the info XXXXXXXXXXXXX… read more
Law Educator, Esq.
Law Educator, Esq.
Attorney
Doctoral Degree
44,266 satisfied customers
Federal Court Defendants have pled a statute of limitations
Federal Court Defendants have pled a statute of limitations affirmative defense which I belive is a a counterclaim under FRCP 12(1)(B) A party must serve an answer to a counterclaim or crossclaim with… read more
CalAttorney2
CalAttorney2
Attorney
Doctoral Degree
8,845 satisfied customers
General procedural question regarding filing an Amended Answer
General procedural question regarding filing an Amended Answer to Plaintiffs' Amended Complaint: Using our original Answer (prepared by an attorney) as an example... he ALSO filed a Motion to Dismiss … read more
AttyCBradford
AttyCBradford
Attorney/Owner
Doctoral Degree
633 satisfied customers
Received an Amended Complaint in Illinois Civil lawsuit today.
Received an Amended Complaint in Illinois Civil lawsuit today. Plaintiff charges include Breach of Fiduciary Duty/Contract and Tortious Interference with Contract. We have 30 days to Reply to Amended … read more
D. WINOGO ESQ.
D. WINOGO ESQ.
Hearing Officer/Attorney
Doctoral Degree
100 satisfied customers
Lawsuit We are being sued for cam expenses on our lease.
Lawsuit: We are being sued for cam expenses on our lease. Their claim on the lawsuit is "the lease, which was prepared by plaintiff after lengthy negotiations between the parties, contains a typograph… read more
FLACORPLAWYER
FLACORPLAWYER
Doctoral Degree
1,750 satisfied customers
First, what exactly is a Summary Judgment In a Civil
First, what exactly is a "Summary Judgment? In a Civil Lawsuit by Jury, can the Judge directly Order a Summary Judgment against one of the parties for, say, violating a Rule somewhere, without having … read more
Dave Kennett
Dave Kennett
Doctoral Degree
25,741 satisfied customers
ok, a suit was filed for personal guarantee on business loan
ok, a suit was filed for personal guarantee on business loan against me, an answer was submitted and discovery propounded but i have not yet answered because didnt't get my mail until end of may, it w… read more
Ray
Ray
Lawyer
Doctoral Degree
33,726 satisfied customers
I recently filed a civil complaint in the Superior Court of
I recently filed a civil complaint in the Superior Court of AZ, the complaint is breach of contract claim in an attempt to obtain an engagement ring on a marriage that never took place. I recently rec… read more
MShore Law
MShore Law
Doctoral Degree
1,233 satisfied customers
As a Pro Se Defendant in a breach of contract case involving
As a Pro Se Defendant in a breach of contract case involving a real estate development project the primary point of dispute was whether or not a legal contract existed and therefore whether there was … read more
Ray
Ray
Lawyer
Doctoral Degree
33,726 satisfied customers
I was sued over a contract that was breached by the plaintiff.
I was sued over a contract that was breached by the plaintiff. I filed answers and affirmative defenses. They have failed to respond within the 20 day timeframe of the FRCP. Is this default or is ther… read more
Dave Kennett
Dave Kennett
Doctoral Degree
25,741 satisfied customers
what is the procedure to have a docketed judgement set ...
what is the procedure to have a docketed judgement set aside or vacated and a new hearing scheduled?… read more
soloprac
soloprac
Attorney
Doctoral Degree
662 satisfied customers
Interpretation of judgment and appeal--Cliam Filed by P
Interpretation of judgment and appeal --Cliam Filed by P w/ 8 causes of action, one of which was specific performance --Motion to Dismiss filed by D --Converted to Summary Judgment agains P due to "Un… read more
Matt Kesler
Matt Kesler
Business Owner/Law Student
Doctoral Degree
1,646 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x