Hoosier46060

Help with Answering a Motion for Summary Judgment in Indiana

Recommended Posts

I could really use some help writing a response to an Order on Motion for Summary Judgment (MSJ) filed in Hamilton County, Indiana against my wife.

 

A Civil Suit was filed against my wife on November 13, 2013 for which we submitted Answers and Affirmative Defenses on December 3, 2013. We answered the suit as per the description of several others throughout the forum. (I also received similar paperwork for a related case).

 

Apparently, Cavalry SPV also submitted a Notice of Filing on December 24, 2013 for: 1) Plaintiff's First Set of Interrogatories to Defendant, and 2) Plaintiff's First Request for Admissions to Defendant. We have not responded to either item.

 

I have reviewed the rest of the forum topics and realize that we will have to respond.

 

Also attached to the MSJ, is an "Order," which I will also list below.

 

Thank you in advance for your help!
Hoosier46060

 

Motion for Summary Judgment

Filed February 19, 2014 (Received via USPS March 8, 2014)

STATE OF INDIANA

COUNTY OF HAMILTON

IN THE HAMILTON COUNTY SUPERIOR COURT 3

CAUSE #29D0_-____-__-_____

 

CAVALRY SPV I, LLC

     Plaintiff(s)

vs.

WIFE of HOOSIER46060

     Defendant(s)

ORDER ON MOTION FOR SUMMARY JUDGMENT

Pursuant to Rule 56 of the Indiana Rules of Trial Procedure, the Court hereby finds as follows:

 

1. Plaintiff filed a Motion for Summary Judgment, Designation of Material and Memorandum of Law in Support of Motion for Summary Judgment.

2. Any party opposing the above referenced Motion for Summary Judgment shall have 30 days after service of the Motion to respond in accordance with Trial Rule 56 to file affidavits, to produce other admissible evidence, and/or submit a brief showing cause why movant should not be granted judgment, as a matter of law.

 

3. If no timely response is filed as prescribed by Trial Rule 56, the Motion may be granted without further notice of hearing, and counsel for the movant shall thereafter submit for the Court's consideration a proposed Order of Summary Judgment.

 

4. If a response is timely filed, and either or both parties request a hearing as set forth in Trial Rule 56, the Court will not rule on such Motion until the matter is heard.

 

SO ORDERED: February 18, 2014

 

Signed by the Magistrate

 

DISTRIBUTION TO ALL PARTIES OF RECORD

 

 

 

Order

Filed February 19, 2014 (Received via USPS March 8, 2014)

STATE OF INDIANA

COUNTY OF HAMILTON

IN THE HAMILTON COUNTY SUPERIOR COURT 3

CAUSE #29D0_-____-__-_____

 

CAVALRY SPV I, LLC

     Plaintiff(s)

vs.

WIFE of HOOSIER46060

     Defendant(s)

ORDER

 

Plaintiff, by counsel, files it Motion to File Discovery Requests and Responses. The Court, having reviewed, now grants same. Said discovery is hereby filed in conjunction with plaintiff's Motion for Summary Judgment.

 

Date: 2/18/14

 

Signed by the Judge (Magistrate), Hamilton Superior Court

 

Distribution:   Name of Attorney

                      123 Address Rd, Suite 456

                      City, IN 46xxx

                      123-456-7890

                      Attorney for the Plaintiff

 

                      Wife of Hoosier 46060

                      123 Address Ct

                      City, IN 46xxx

                      Defendant

Link to post
Share on other sites

first thing you need to do is find a list of document requests and send them out asap.  Then in your response to the MSJ you now have a material issue of fact for not granting the MSJ as discovery is not complete.  

Search the forums for MSJ, there are alot of examples.  I will see if I can find one, but know you will need to taylor it to fit your needs, and state, and any case law would not apply unless it is from your state.  You may need to go on google scholar and find your own case law for your state.

Link to post
Share on other sites

Join the conversation

You can post now and register later. If you have an account, sign in now to post with your account.

Guest
Reply to this topic...

×   Pasted as rich text.   Paste as plain text instead

  Only 75 emoji are allowed.

×   Your link has been automatically embedded.   Display as a link instead

×   Your previous content has been restored.   Clear editor

×   You cannot paste images directly. Upload or insert images from URL.