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If your attorney failed to make you aware of the deadline to bring suit, then they could be liable for malpractice. Summary Judgement Response Summary judgement is a legal mechanism often used to weed out weak legal claims before they go to trial.
Bottom line, you likely can file a second MSJ in the same case; but a trial lawyer should be cautious to file the first motion unless it is an absolute need, and if you lose, you should develop the case in discovery toward asserting a new basis for the second motion.
The response must be filed within 10 days after service of the motion unless the court shortens or extends the time. A motion authorized by Rules 8, 9, 18, or 41 may be granted before the 10- day period runs only if the court gives reasonable notice to the parties that it intends to act sooner.
In civil cases, multiple motions can be filed in one pleading by holding down the Ctrl key and clicking on the desired motions. Important Exception: When the multiple motions are the same motion, the motions must be filed in separate pleadings. Examples: 1.
A motion is an application to the court made by the prosecutor or defense attorney, requesting that the court make a decision on a certain issue before the trial begins. The motion can affect the trial, courtroom, defendants, evidence, or testimony. Only judges decide the outcome of motions.
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If one party to a case has filed a motion with the court, the other side can file an opposition. An opposition is a written statement explaining to the judge why the other side is not entitled to whatever he is asking for in his motion. It is your opportunity to oppose the other sides request.
2. Responses: in both the Northern and Southern Districts of Ga, responses to motions are due 14 days after service of the motion, except for responses to motions for summary judgment, which are due 21 days after service of the motion. Reply briefs should be filed within 14 days of the response briefs service.
A motion for new trial or for rehearing shall be served not later than 15 days after the return of the verdict in a jury action or the date of filing of the judgment in a non-jury action. A timely motion may be amended to state new grounds in the discretion of the court at any time before the motion is determined.
Under T.R. 53.2, if a judge takes a cause tried to the court under advisement and fails to determine any issue of law or fact within ninety (90) days of the submission of all pending matters, the case may be withdrawn from the judge.
The deadline to file a notice of claim is short typically no later than ninety (90) days after the claim arises and if that deadline is missed any subsequent lawsuit may be subject to dismissal.