If I have a defense, do I need to file an opposition to the motion for summary disposition or can I just go to the motion hearing with my evidence?

UPDATED: Aug 4, 2011

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If I have a defense, do I need to file an opposition to the motion for summary disposition or can I just go to the motion hearing with my evidence?

There is a smalls claims matter against me. A hospital is suing me for services, that my insurance company has now paid, but previously denied. The balance I owe is substantially less than the amount I’m being sued for now. The lawyers for the hospital had filed a motion for summary disposition prior to the insurance company paying the claim. I now have a final statement from the hospital showing my new balance of $40 down from $1150. The lawyers are trying to get an additional $250 (total $1400). What do I need to do now? Do I need to file an opposition to the motion, or can I just show up to the hearing

Asked on August 4, 2011 Michigan


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

To protect yourself concerning the legal action against you, you need to file an opposition to the "motion for summary disposition" as soon as possible with the court clerk and serve it upon the opposing attorney. Make sure you receive a filed endorsed copy of this opposition for future reference.

Note, there are time guidelines for when the opposition is required to be filed. If you file your opposition too late, you could lose your case. Your opposition to this motion involving the hospital should include your declaration under the penalty of perjury under the laws of the state that you live in that if called as a witness you could competently testify to the important facts to prove your defense of less money owed. Attach copies of the documents showing the final statement from the hospital as exhibits to your declaration and other paper work you file in opposition to this motion.

You need to then attend the hearing on this motion with filed opposition in hand. Make sure that the court does not have a tentative ruling program in existence for this motion. Some courts have tentative rulings that come out the day or two before the set hearing date. If no party contests the tentative ruling in the required time period, it becomes the final order of the court.

Good luck.

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