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Summary Judgments And Pro Se

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Here is something interesting I found for New Yorkers, western court district. which includes me.


Any party moving for summary judgment against a party proceeding pro se shall serve and file as a separate document, together with the papers in support of the motion, a

“Notice to Pro Se Litigant Opposing Motion For Summary Judgment”

in the form indicated below. Where the pro se party is not the plaintiff, the movant shall amend the form notice as necessary to reflect that fact.

Notice to Pro Se Litigant Opposing Motion For Summary Judgment

Plaintiff is hereby advised that the defendant has asked the Court to decide this case without a trial, based on written materials, including affidavits, submitted in support of the motion. THE CLAIMS PLAINTIFF ASSERTS IN HIS/HER COMPLAINT MAY BE DISMISSED WITHOUT A TRIAL IF HE/SHE DOES NOT RESPOND TO THIS MOTION by filing his/her own sworn affidavits or other papers as required by Rule 56(e). An affidavit is a sworn statement of fact based on personal knowledge that would be admissible in evidence at trial.

I know for a fact I didn't recieve this letter from CA/lawyers. they sure didn't want me to appear in court or answer them. What they did do was send me letters to mix me up. I just found this out yesterday, had I known it when I went into court to vacate my judgment I would have brought this up.

Am I understanding this right? I was suppose to receive a separate letter with my summary judgment so I knew I could go to court and defend this suit? Anybody?

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Kristy, I don't know how to bring up the other link.

I have another question and can someone explain to me why I have 2 differant judgment dates. I'll explain.

I have a letter that goes like this:

The Plaintiff, having move pursuant to CPLR R. 3212 for an Order granting summary judgment in its favor and against the defendant xxxx

, and said motion having been submitted on date, and this court rendered a decision on same date granting the Plaintiffs Motion in its entirity;......

............. it goes on...... Ordered that the Plaintiffs Motion be granted in its entirity and its further ordered that the Clerk is hereby directed to enter

in favor of the Defendant and it goes on....

This letter is from the CA/ lawyers to the Judge who signed and granted this. Now 3 weeks later I have a default judgment

Why give me a court date if they already granted judgment and sent me a Notice of Entry order. What were they going to do erase all these dates???

Can somebody explain this, please??


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