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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?
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Answered in 16 minutes by:
9/25/2017
legalgems
legalgems, Lawyer
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What state is this in please?
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Customer reply replied 7 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.
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Customer reply replied 7 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)

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Customer reply replied 7 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.

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Customer reply replied 7 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!

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