If the defedant submited a motion to dismiss, when can I submit a motion for summary of judgement?
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If the defedant submited a motion to dismiss, when can I submit a motion for summary of judgement?
Defendants submitted a very weak motion to dismiss on their last day to answer, I feel confident about submitting a motion for summary of judgment. Should I wait for the motion to be dismiss to be denied before submitting a summary for judgement. This is a pro se federal case.
Asked on May 7, 2012 under Employment Labor Law, Maryland
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 11 years ago | Contributor
A good way to handle the situation you describe would be to at the same time submit your papers in opposition to the defendants' motion (even if you feel it is weak, you should file a brief in opposition, citing whatever legal or factual weakness you perceive) and at the same time filing a cross-motion for summary judgment.
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