joeyjoe68 40 Posted February 6, 2009 Report Share Posted February 6, 2009 Just received a motion in the mail yesterday from the plaintiff to Set Aside the Summary Judgement i received against them. They claim that i did not serve them properly and that they had no knowledge of the calendar date. yet in the motion they do state that their client knew of the date but that the local council (the one who filed the original complaint as well as this motion) did not. I did send them the Notice of Motion along with a copy of the courts Certificate of Mailing when i sent them the NOM. How should i go about answering this Motion? Any Ideas? thanks guys and gals Link to post Share on other sites
nascar 961 Posted February 6, 2009 Report Share Posted February 6, 2009 If they had proper notice, they had proper notice. Compare the actual timeline against what is required in your RCP's. All you can do is show that you did everything right. If the other side wants to argue excuseable neglect or something like that, the reason should be set out in the motion. What is your argument in opposition? Did you provide opposing counsel with a Notice of Hearing? If not, well ... Link to post Share on other sites
joeyjoe68 40 Posted February 6, 2009 Author Report Share Posted February 6, 2009 yes i provided them with a notice of motion sent through the mail along with a certificate of mailing as is required by local court rules. They claim they never got the notice (how convienent for them), yet in their own motion they state that their client was well aware of the hearing date and they had more than three months notice of the hearing date. They also had plenty of times to file the proper oppositions to my counter-claims and never filed a thing. It seems pretty straight forward to me but just wanted to check here and see if anyone else has any thoughts on it is all. Link to post Share on other sites
delta1 58 Posted February 6, 2009 Report Share Posted February 6, 2009 Just curious - how long ago was the order for summary judgment? Do your rules have a time frame within which they can be vacated/overturned. Link to post Share on other sites
calawyer 1,848 Posted February 7, 2009 Report Share Posted February 7, 2009 In many states there is a presumption that ordinary mail properly sent was received by the addressee. You should check to see if NV has such a presumption. Link to post Share on other sites
joeyjoe68 40 Posted February 9, 2009 Author Report Share Posted February 9, 2009 where would i find that presumption? Link to post Share on other sites
nlpmeetup 10 Posted February 9, 2009 Report Share Posted February 9, 2009 Where would you find that? I am curious myself. CA said they served me but never got it. The address on my drivers license is different from were I live. Does this screw me? Link to post Share on other sites
admin 899 Posted February 9, 2009 Report Share Posted February 9, 2009 Look it up in NV's code of civil procedure. It should all be right there. Link to post Share on other sites
