On Tue, 08 Feb 2005 21:29:14 -0500, "PegT" <pitwoman@hvc.rr.com>
wrote:
I filed a motion for summary judgment 3 days before the scheduled trial date
(which is 2/10/05 !). I then asked the Part Clerk to adjourn the trial date
pending a decision on the motion. I was told it would not be adjourned, that
the clerk may or may not change it to a pre-trial conference, but that we
would have to appear and be ready for trial regardless.
I have found no Rule limiting the amount of time before a trial date that a
motion may be filed. The judge had not set any such deadline, and the
judge's own rule states only that: "any motion or trial may be adjourned
with notice and good cause". I have the concent of the defendant's attorney.
Motions for Summary Judgment must be filed no later than 120 days
after the Note of Issue/Certficate of Readiness. Otherwise, you need
leave of court. If you filed w/o leave of court, the court most
likely will ignore the motion as untimely.
See CPLR 3215
Is there something I've missed? Is there anything else I can/should do?
(I've faxed the judge with the same request but have received no reply).
And unless you copied opposing counsel, it was an improper ex parte
communication, hence the lack of reply.
I
cannot afford an attorney and put a lot of time and effort into the summary
judgment motion because 1) it's a complicated case and I feel better
understood in writing and 2) since I have to present at trial myself, I
would be prejudiced because of my lack of trial (or legal) experience (not
to mention that the judge has not once allowed me to finish a sentence).
If it is a "complicated case" you should have retained an attorney.
That way, you wouldn't be in the situation you're in now.
If I appear on the trial date (having no idea if there is to BE a trial) and
am unprepared, can the judge just dismiss my case despite my motion for
summary judgment? Can he simply ignore my motion or refuse to consider it?
Thanks!
PT
Don't mention it.
Tarkus
