Non Oral Hearing on MSJ

[PC1978]

I am currently involved in a case where a JDB sued me and I filed a counterclaim. After unsuccesful settlement negotiations I filed a MSJ on the complaint. The JDB was granted a 10 day extension to respond to the MSJ. The issue is that their deadline to respond is on the exact day of the non oral hearing. I would guess that they will file their opposition the day before the hearing so I will not have time to reply to their opposition or file a motion to strike any evidence they offer. Does anyone have any advice on how to handle this.

[kutuzov]

If they do that ask for a continuace with the court, to examine the motion and any evidence.

[PC1978]

If they do that ask for a continuace with the court, to examine the motion and any evidence.

I'm afraid I won't have time. Couldn't the Court rule before I even have my copy of the opposition in the mail, if they file and serve the day before the hearing.

[kutuzov]

Check your court procedures, the answer should be there, but as general rule you should be allowed some time.

[Seadragon]

I would do this ricky tic. without addressing their BS then you lose any chance to preserve issues for appeal.

push it back a week if you noticed the hearing the clerk should be able to do this. Call the clerk and see if they can do that then send a notice to the plaintiff's.

I think that the court maybe forgot about reply to opposition time.

[PC1978]

Thanks. It looks like I can file a motion for continuance. There is also no cost in this court to continue a non oral hearing.