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Educator esquire if he’s logged on please. I have a circuit…

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This question is for law educator esquire if he’s logged on please .I have a circuit civil court case regarding a car accident I filed pro se . my last motion was for summary judgment the judge did not respond to it . after I then filed notice to the other party the intent to set a hearing on plaintiffs motion for summary judgment they have not responded after two attempts .what would be my next step in this process do I request a trial hearing date or do Otherwise? With the other party not responding to me to set a trial date can I request a default judgment in my favor ?
Submitted: 5 months ago.Category: Legal
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11/17/2017
Lawyer: Dwayne B., Attorney replied 5 months ago
Dwayne B.
Dwayne B., Attorney
Category: Legal
Satisfied Customers: 34,389
Experience: Began practicing law in 1992
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Hello and thank you for contacting us. This is Dwayne B. and I’m an expert here and looking forward to assisting you today.

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Lawyer: Dwayne B., Attorney replied 5 months ago

Please allow me several minutes to read your facts and type my response both initially and when you add a follow up question or add facts. Please don't ask "are you there", "where is my answer", etc., since when you post it can erase what I am working on. If we are having a conversation unless I tell you I am going offline, I will be here but I may be doing research.

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Lawyer: Dwayne B., Attorney replied 5 months ago

It looks like Law Educator isn't online yet. I can assist you or, if you prefer, I can opt out and you can continue to wait for him. He is an excellent expert.

Just let me know what you would prefer for me to do.

Also, any expert would need to know what state this is in?

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Customer reply replied 5 months ago
Florida . Go ahead and respond
Lawyer: Dwayne B., Attorney replied 5 months ago

All right.

what would be my next step in this process do I request a trial hearing date or do otherwise?

If you have filed the Motion for Summary Judgment and sent it to the other side, with proof that you have done so, and then waited a sufficient amount of time then your next step would be to request a setting for the Hearing on the Motion for Summary Judgment. Different courts require that this be done in different manners. Sometimes you have to send in a written request and sometimes you can just call the court coordinator. If you will call the court coordinator they will tell you which way to do it. Once you receive your setting on the hearing you need to send it to the other side via certified mail, return receipt requested and regular mail. Note at the top of the letter that it is being sent both ways. If they don't show up at the hearing then offer the green card to the judge showing that they were sent both the motion and the setting.

With the other party not responding to me to set a trial date can I request a default judgment in my favor? You can request it, but it isn't grounds for granting a default judgment and it is a waste of your time.

If your question has been answered then I'd offer my best wishes to you and ask that you please not forget to leave a 5 Star Positive Rating so I receive credit for my work. Also please consider clicking "BONUS" as a nice way of saying "thanks" for a job well done, although this is neither required nor expected. Of course, please feel free to ask any follow-up questions in this thread. I want to be sure all of your questions are answered.

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Customer reply replied 5 months ago
At the hearing for motion of summary judgment am I basically explaining to the judge why my motion should be granted am I going into details of the facts and evidence?Or is this my opportunity to just make a opening and closing statement of why it should be granted without going in great details
Lawyer: Dwayne B., Attorney replied 5 months ago

You just argue the motion. You can only cover what is in the motion (or response), you can't call witnesses or do anything else. A good judge will have read the motion and may have some questions for you to clear up some points. It's usually just a matter of covering the highlights and answering the judge's questions if there is no response, and some judges don't even want that.

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Customer reply replied 5 months ago
Do the judges usually make the decision right after my argument either to except or deny my motion
Lawyer: Dwayne B., Attorney replied 5 months ago

It varies depending on the judge. I'd say it's about half and half.

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Lawyer: Dwayne B., Attorney replied 5 months ago

I will be off and on the computer the rest of the evening. I've been online about ten hours today without a break and need to step away for a while. If you have any additional questions you can ask them here and I will pick up when I return.

If your question has been answered then I'd offer my best wishes to you and ask that you please not forget to leave a 5 Star Positive Rating so I receive credit for my work. Also please consider clicking "BONUS" as a nice way of saying "thanks" for a job well done, although this is neither required nor expected. Of course, please feel free to ask any follow-up questions in this thread. I want to be sure all of your questions are answered.

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Customer reply replied 5 months ago
Good morning, after this hearing will be the trial I’m assuming. Is that correct.?
Lawyer: Dwayne B., Attorney replied 5 months ago

A lot of times there are additional hearings such as discovery, pre-trial motions, etc. However, usually the next big one will be the trial itself.

When you think your case is ready to go to trial, then you can ask for a setting on the trial itself. Don't do it until you are ready though. I've seen people ask for it thinking "I'll be ready when that time gets here and they're not. Only ask when everything is ready to go.

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