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help! No clue how to file brief in opposition to MSJ


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I posted a previous thread that has had 177 views but no replies so I will try to make my request simpler.

Citibank has filed a Motion for Leave to File Motion for Summary Judgment Instanter, then filed a Motion for Summary Judgment. They finally attached an affidavit to the MSJ.

I would like to file a brief in opposition to the Summary Judgment based on the fact that I have not been able to depose Mary E. Crum, the woman who signed the affidavit. I am sending the notice of Deposition today to the Plaintiff. Our Status conference is at the end of January.

The 14 days to respond to the MSJ. Should I have my brief in opposition ready to file at this conference or wait until after the conference?

Also...where do I look to find an example of such a motion?

What would be some good defenses for an affidavit disputing some fact of the case? This is an original creditor and they have lots of statements but neither 4 years worth or a zero balance accounting. How can I find something to dispute the facts of the case? Will disputing the amount sought be enough?

Please help!

Edited by Oarman1954
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opposition to summary jugment ohio - Bing

You have to establish that there are triable issues in dispute. Summary Judgment goes like this: "Dude, we have you, here's our evidence, you haven't disputed or disproven any of it, so we win as a matter of law." All you have to do is poke a couple of holes in their argument and show the judge that there are matters not resolved.

That aside, where is Mary Crum? She works for Citi, probably in South Dakota. You could get stuck for some huge costs and headaches here. Do you want to pay an attorney to depose her in SD so she can sit there and repeat all the crap she put in the affidavit? Or object to everything? That could happen. Check you rules to see if you can depose with written questions.

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Legaleagle ...[Affiant is from another state] According to my attorney (that handles our LLC stuff and deals with collections himself) they have to have her appear at a place of my choosing, at their expense. He doesn't think they will produce her, that they will make all kinds of excuses, and that may be my argument for denying their MSJ.

If by chance they would be willing to produce her I can always dismiss the motion, although my attorney doesn't think I should. That will buy me some time.

Thank-you for your response, and your help.I appreciate it.

Edited by Oarman1954
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Have you considered a Motion for Extension of Time to Respond to Plaintiff's MSJ. Requesting in the Motion an opportunity to complete discovery? This would serve two purposes. First, it could stop the proceedings on the MSJ. Second, if denied, may give you an appealable ground for the denial of discovery in the event the Judge rules against you.

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Legaleagle ...Mary Crum is in Missouri and works for CCSI...Citibank Credit Services. According to my attorney (that handles our LLC stuff and deals with collections himself) they have to have her appear at a place of my choosing, at their expense. He doesn't think they will produce her, that they will make all kinds of excuses, and that may be my argument for denying their MSJ.

If by chance they would be willing to produce her I can always dismiss the motion, although my attorney doesn't think I should. That will buy me some time.

Thank-you for your response, and your help.I appreciate it.

Would the affiant have to appear in person, or could she appear telephonically? The reason I ask is if she did appear in person at Citi's expense, and if you lost your case, would that expense be added to the judgment amount?

In your opposition to the summary judgment motion, you need to include case law from your state supporting your arguments.

Edited by BV80
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Would the affiant have to appear in person, or could she appear telephonically? The reason I ask is if she did appear in person at Citi's expense, and if you lost your case, would that expense be added to the judgment amount?.

Yes it would. You do not have to put money up front out because they put her forward as a witness, not you, some states work this way and in others you would have to pay upfront.

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