NJdefendant

PLEASE HELP WITH SUMMARY JUDGMENT!

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So I went to file my opposition to summary judgment and the clerk said she cant file it because the judge has already granted it In favor of plaintiff of course. I don't understand plaintiff's letter said I have 10 days to respond and today was the 9th day...what am I supposed to do now??? :confused::(

We also need to see a copy of the complaint. Also, any answer you may have filed. There is a list of question in a sticky in this forum that you should answer.
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So I went to file my opposition to summary judgment and the clerk said she cant file it because the judge has already granted it In favor of plaintiff of course. I don't understand plaintiff's letter said I have 10 days to respond and today was the 9th day...what am I supposed to do now??? :confused::(

Read the rules on what's required for summary judgment. Do the rules require a hearing? Are you sure this was the 9th day? Then check the rules concerning an appeal, new trial, or a motion to vacate.

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they filed the motion on 1/31 I got a print out from the clerk it says so in their system too...I have contacted stern so I am waiting for him to call me...

Read the rules on what's required for summary judgment. Do the rules require a hearing? Are you sure this was the 9th day? Then check the rules concerning an appeal, new trial, or a motion to vacate.
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they filed the motion on 1/31 I got a print out from the clerk it says so in their system too...I have contacted stern so I am waiting for him to call me...

Great idea! I hope he can help. Personally, I think he would enjoy your case. Be sure to tell him there's no bill of sale. Let us know what happens.

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He is so very busy but he advised that I file a motion for reconsidering and I did just that ...he said if they reconsider he might be able to help me then he can't help me now unfortunately...so pray for me :shock:

Great idea! I hope he can help. Personally, I think he would enjoy your case. Be sure to tell him there's no bill of sale. Let us know what happens.
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If I understand this rule correctly this says I have 10 days to oppose their motion and I tried to do that on the 9th day...Stern's office told me that it's most likely a clerical error so they advised me to file a motion for reconsideration stating the fact that I was there on time and am legaly allowed 10 days to file opposition and that I was unjustly denied that opportunity.

what am I supposed to do now???

Rule 4.46 2 b

RULES GOVERNING THE COURTS OF THE STATE OF NEW JERSEY

Edited by NJdefendant
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If I understand this rule correctly this says I have 10 days to oppose their motion and I tried to do that on the 9th day...Stern's office told me that it's most likely a clerical error so they advised me to file a motion for reconsideration stating the fact that I was there on time and am legaly allowed 10 days to file opposition and that I was unjustly denied that opportunity.

Take a look at this, as well.

http://www.judiciary.state.nj.us/prose/10556_response_to_a_motion_kit.pdf

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This is the form and instruction I used with attachments providing facts to file my opposition but when I went to the clerk she wanted to file but then checked the system and said the summary judgment has been granted by the judge. I asked her why because instructions both on the form itself and court rules says file opposition within 10 days of service.(I received their motion iin certified mail on Feb 2,2012)they filed with the court on 1/31/2012 I had time...So Stern advised me to file a motion for reconsideration because they might have made a clerical error. They also said I don't have to write anything lenghty just explain that the court rule says 10 days and I was not given the opportunity.

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that will buy you more time. I hope you had the clerk file stamp it(the opposition).

The court is in error here. but the appellate will not entertain with kindness an appeal where you didn't try a motion for reconsideration.

Look up NJ statute for MFR and see if it extendeds the time for appeal(in california it extends it for 60 days from notice of motion for reconsideration)

It is safe to say the court has jumped the gun in a major way leaning towards the plaintiffs.

Just playing devils advocate does the statute say 10 court days or 10 calendar days?

Sorry I was out of the loop prepping for appeal oral arguments or I would have helped sooner.

Edited by Seadragon
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It is filed and stamped ;)

Clerk took my opposition and stamped it filed but then checked computer records and it showed a jdugment was entered that day and she crossed it out and said you can't file because judge granted plaintiffs summary judgment..

I did file motion for reconsideration on that same day after I consulted Stern ...and I included a copy of my opposition in there ..

anyone knows if I was suppossed to include the original opposition or copy is fine???

I had 10 days not sure if calendar or business but either way I was there on the 9th calendar day and I wasn't late..

their motion was granted by some other judge and not the one that was scheduled for the trial

my trial was scheduled for the next day but clerk and stern said that since judge granted their motion i don't need to go so i didn't

According to stern judge will most likely reconsider...and Stern will most likely represent me further..

THANK YOU ALL!

The clerks office where I filed is like a mice house run by Pressler..as soon as you mention the name they run around like he's their boss or something such a weird feeling...when I filed my motion one of the clerks looked at the time as if telling me we are ready to close and said that she has to call them to let them know I filled my motion... Is that OK???

that will buy you more time. I hope you had the clerk file stamp it(the opposition).

The court is in error here. but the appellate will not entertain with kindness an appeal where you didn't try a motion for reconsideration.

Look up NJ statute for MFR and see if it extendeds the time for appeal(in california it extends it for 60 days from notice of motion for reconsideration)

It is safe to say the court has jumped the gun in a major way leaning towards the plaintiffs.

Just playing devils advocate does the statute say 10 court days or 10 calendar days?

Sorry I was out of the loop prepping for appeal oral arguments or I would have helped sooner.

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Usually original copies of motions, oppositions, etc. are required by the court. But I don't know if that applies in attaching the original copy of your opposition to the Motion for Reconsideration. Hmmm....

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4:49-2. Motion to Alter or Amend a Judgment or Order

Except as otherwise provided by R. 1:13-1 (clerical errors) a motion for rehearing or reconsideration seeking to alter or amend a judgment or order shall be served not later than 20 days after service of the judgment or order upon all parties by the party obtaining it. The motion shall state with specificity the basis on which it is made, including a statement of the matters or controlling decisions which counsel believes the court has overlooked or as to which it has erred.

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I need a translation here so a copy of my opposition statement is not good enough or it is??? Should I bring an original to the clerk?

4:49-2. Motion to Alter or Amend a Judgment or Order

Except as otherwise provided by R. 1:13-1 (clerical errors) a motion for rehearing or reconsideration seeking to alter or amend a judgment or order shall be served not later than 20 days after service of the judgment or order upon all parties by the party obtaining it. The motion shall state with specificity the basis on which it is made, including a statement of the matters or controlling decisions which counsel believes the court has overlooked or as to which it has erred.

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I need a translation here so a copy of my opposition statement is not good enough or it is??? Should I bring an original to the clerk?

I believe that rule just states that your motion for reconsideration has to be specific about why you want the judge to reconsider. You would include the rule about being allowed 10 days to file your opposition, the dates involved, etc. Your motion must be served within 20 days. I assume it means you would serve it on the Plaintiff's, as well.

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Oh I filed it already..motion for recosnidering I signed and dated in addition I attached a copy of my oposition..I did it on the same day ...when I went to the clerk's office to file my opposition after she told me she can't accept it it I filed a motion for reconsidering with simply saying i was not out of time and court rules are 10 days etc.with my motion for reconsidering i included a copy of my opposition (some 30+pages)What I was asking was whether I needed to include my original opposition(meaning original signatures),or just a copy is fine...anything in these rules about that?

Thank you

I believe that rule just states that your motion for reconsideration has to be specific about why you want the judge to reconsider. You would include the rule about being allowed 10 days to file your opposition, the dates involved, etc. Your motion must be served within 20 days. I assume it means you would serve it on the Plaintiff's, as well.
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Can anyone tell me what happens after motion for reconsidering. I have yet to find out whether it was approved or denied by the judge but I wonder what the next step is? Also,plaintiff hasn't opposed my motion for reconsideration isn't that unusual?

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ok so what's next?

I'd call the clerk tomorrow, and ask if the judge has made a decision. If he hasn't, it may just be a matter of being patient and waiting. I know that's hard to do, though. :)

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