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azneb

Arizona: Needing help opposing MSJ.

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I am in need a copy of Opposing MSJ for the state of AZ. I am having trouble finding one and I am not

sharp enough to figure out how to write one. I am just looking for the main text where I can cut and

paste. Cap 1 is fighting me tooth and nail.

Thanks

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I am confident that there is no such thing as a cut and paste response/objection that will routinely defeat a well drafted MSJ. I would strongly recommend against using templates/cut and paste for motion practice. I might be able to survive using a template for a pleading like an answer but motion practice is not a place where templates are going to carry the day IMHO.

 

An MSJ likely comes with a statement of facts (SOF) and affidavit/documents specific to the case. There is no "one size fits all" in an MSJ response AFAIK.

 

At a high level I would assume the following may be required to have a shot at defeating an MSJ (note: I am not familiar with justice court rules and they will govern cases in justice court):

  • opposing arguments have to be rebutted (ideally with support of controlling case law)
  • the plaintiff's SOF paragraphs may need to each be disputed by paragraph number in a Defendant's SOF in Dispute or similarly captioned
  • properly drafted rebutting affidavits and/or objecting to improperly drafted affidavits, object to hearsay or unauthenticated evidence, impeach the affiant, attack an conclusory affidavits, etc.
  • and other important actions taken on a timely basis.

 

The rules of civil procedure lay for the particular court will layout the deadlines and the specific required for motion practice. I have previous posted a link here: #48 for Justice Court Rules of Civil Procedure Rule 129. Motion for Summary Judgment.

 

I would not be surprised if I lost to a grant of a MSJ filed by the plaintiff despite a properly drafted and well supported response. I would assume I will need to appeal to get the trial court error reversed. Therefore not only am I drafting a winning response to the MSJ I am making my record for the trial court so I can reverse that error on appeal. I have mentioned before on the forum if I do not plan to appeal I plan to lose YMMV

 

https://en.wikipedia.org/wiki/Summary_judgment may be a worthwhile read if I was new to MSJs. It states in part:

In American legal practice summary judgment can be awarded by the court before trial, effectively holding that no trial will be necessary. Issuance of summary judgment can be based only upon the court's finding that:

  1. there are no disputes of "material" fact requiring a trial to resolve, and
  2. in applying the law to the undisputed facts, one party is clearly entitled to judgment.

My task to defeat an MSJ is primarily based on showing the court that there are material facts in dispute so I can proceed to trial (propound discovery if it has not occurred already) or merely to make a record of the trial court's error in granting the MSJ to the plaintiff so I can reverse it on appeal. If I was not willing to go to trial I would want to review my true purpose in wanting to make the effort to defeat a summary judgment. Perhaps I believe that would give me leverage to settle before trial. I don't know the answer but if similarly situated I would have that answer before proceeding.

 

If I am afraid to do what it takes to appeal I am afraid I am going to have to accept a loss in litigation. This appears to often be the case in an AZ justice court where controlling case law is apparently routinely ignored or not properly applied.

 

The "template" for a response to a MSJ in AZ justice, should such exist, would be the Justice Court Rules of Civil Procedure Rule 129. Motion for Summary Judgment IMHO. I would read and reread the rules if I lacked a competent winning attorney.

 

I have not found shortcuts to litigation, arbitration, or negotiation. The secret, if there is one, is obtaining leverage to achieve a "win". A "win" should be defined by the individual up to their neck in liti-gators IMHO.

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It appears you have three cases going in other threads (Asset, Discover and Cap 1) - does this relate to one of those cases?

The OP stated it was Cap1.

 

...

 Cap 1 is fighting me tooth and nail.

...

Perhaps they have two Cap 1 cases going on IDK.

 

I doubt that a cut and paste response to an MSJ is going to be successful as a defense regardless whose name appears under plaintiff. YMMV

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look at these for formatting

 

You are going to have to summon up the blood to make this go in your favor. And for the record az courts ignore anything you don't hold their head underwater make your point.

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...

I am just looking for the main text where I can cut and

paste.

...

The OP is looking for cut and paste to oppose an MSJ.

 

...
You are going to have to summon up the blood to make this go in your favor. And for the record az courts ignore anything you don't hold their head underwater make your point.

"have to summon up the blood to make this go in your favor" precludes cut and paste IMHO.

 

For the most part AZ CoA understands/makes the law in AZ. If I was not planning on appealing to that level, if need be, I am likely to be "the head that will be held underwater".

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Thank you everyone for your help.   I do have a case against Cap1, discover and I recently requested arbitration with Asset.  Asset has yet to move forward with anything at all.  I requested arbitration in order to be a step a head of them.

 

I will let you know who my MSJ turns out. 

 

Thanks again

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@azneb - just get your amazing ex-wife to compile your MOSJ for you... certainly she's got the brilliant intellect and brains to paralyze the court the likes of a Motion they've never seen... It'll soooo blow their hair back... waaay back! :) #inthebag #duh

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@azneb - just get your amazing ex-wife to compile your MOSJ for you... certainly she's got the brilliant intellect and brains to paralyze the court the likes of a Motion they've never seen... It'll soooo blow their hair back... waaay back! :-) #inthebag #duh

I would be interested in reading such an incredible MOSJ filing from an attorney or non-attorney. Brilliant or not. In my experience I merely need to be competent enough to defeat a collection plaintiff's MSJ and a brilliant MOSJ would be wasted effort and overkill IMNSHO.

 

The primary magic of a collection defense attorney is in the leverage to produce a favorable settlement as the costs and risks for the plaintiff are now perceived to have been substantially increased. YMMV, but that is not where the smart money is.

 

Successfully defeating a collection plaintiff's MSJ is not rocket science but it is far from easy.

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My Response to Plaintiff's MSJ (which I just prevailed) is on my thread. Question about answer.  It will give you the basic format, but like Credator said all cases are different.  I look at the Response to MSJ as what I would present at trial. Y ou have to throw everything you have at it.

It also tells the judge if you will appeal.   At least some verbage I used in mine did.  Did you post their MSJ??? And have they filed it 90 before trial is set???

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I did not.   Just found out that I won my motion of reconsideration for arbitation.   

 

No trial set yet

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