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Motion for Summary Disposition from Lawyers...after filing MTC Arb


pjw318
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So here's where I am. Sued by law firm for Cap1 after electing Arbitration in DV. Filed answers and MTC Arb within 21 days. Got hearing date in Oct for Mtc. 2 days after getting that, I get a Motion for Summary Disposition from Lawyers. The hearing date for that is one week later.

Is this the same as summary judgment?

What do I do next?

Did I do something wrong? I feel lost. Hopefully I can get back on track.

Thanks for any help

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You're doing it right.... if you win your MTC, their Motion for Summary Disposition gets it's legs kicked out from under it.

In my case the hearing for the Motion for Summary Disposition and my MTC were one in the same. However the MTC would remove the matter from the jurisdiction of the court. So it was a disputed matter that should be addressed before the Motion for Summary Disposition could be heard.

A Motion for Summary Disposition is telling the court there is no disputed matter of law that still needs to be addressed.... give us the judgment.... a well drafted MTC invoking contractial arbitration means that there is a disputed matter of law. And it's one that would remove the matter from the jurisdiction of the court.

In my own case I filed an objection to the MSD written as if my MTC had been granted. have a look at MCR 2.116©(4), and MCR 2.116(D)(3). If the court lacks jurisdiction it can't grant the MSD. At least that's what I read it to mean....

All in all I think you seem to be doing great pjw318 good luck and keep us informed!

- Not a lawyer - this isn't legal advice and I could well be just wrong!

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