Can a plaintiff file a motion for summary judgment?

Rule 41 allows the plaintiff to argue his or her motion for the extension of the discovery period, but the plaintiff must not address the summary judgment motion, if the plaintiff intends to file the dismissal. See Alston v. Duke Univ., 133 N.C. App. 57, 514 S.E.2d 298 (1999).

Can a plaintiff dismiss a claim at trial?

At trial, as the rule states, as long as plaintiff has not rested, plaintiff may dismiss one or all of his or her claims against any or all of the defendants. The appellate courts will enforce the rule as written, regardless of the defendant’s views on the matter.

Can a judge dismiss a case without prejudice in NC?

Rule 41 of the North Carolina Rules of Civil Procedure allows a judge to grant a motion to dismiss a case without prejudice. Where a judge grants the motion to dismiss without prejudice, the dismissal does not count as a dismissal that the plaintiff has filed, for purposes of the two-limit filing.

What happens when you file a motion in court?

When you file your motion, the court clerk will insert the date, time, and place of the hearing on your motion. You must then “serve” (mail) a copy of your filed motion (including all exhibits and the date, time, and place of hearing) to all other parties in the case.

Can a court deny a motion if there is no basis?

If you fail to support your motion with a memorandum of points and authorities, the court could deny the motion because you have implicitly admitted there is no basis for it. (EDCR 2.20 (c); JCRLV 11 (a).) The “notice of motion” is where the court clerk inserts the date, time, and place the motion will be heard by the judge.

What happens if you fail to comply with a motion to compel?

Failing to comply with either motion could result in the offending party being held in contempt. When making a motion to compel, the moving party is asking the judge to use the power of the court to essentially force another party to do something that he or she has so far refused to do.

What happens if I lose a motion against me?

Winning a motion might win the entire case for you! But losing a motion could result in a money judgment against you. Click to visit Lawyers and Legal Help. If you received a motion filed by the other side and need to file an opposition, click to visit Opposing a Motion Filed Against You for forms and information.

Since most motions for summary judgment or summary adjudication are filed by defendants and not plaintiffs, I’ll focus on summary judgment motions from the point of view of defendants, with plaintiff as the non-moving party.

Can a federal court grant a summary judgment?

While state-court experiences can vary greatly from jurisdiction to jurisdiction, it is generally understood that federal courts are very receptive to well-founded motions for summary judgment, and many cases are resolved through the entry of summary judgment.

Can a debt collector bring a motion for summary judgment?

When you’re being sued by the debt collector and have brought a counterclaim, you might bring a motion for summary judgment motion as to both parts of the case. They’re treated differently. The plaintiff has the burden of proof, and that makes a lot of difference in motions for summary judgment.

When to use an affidavit in summary judgment?

(4) Affidavits or Declarations. An affidavit or declaration used to support or oppose a motion must be made on personal knowledge, set out facts that would be admissible in evidence, and show that the affiant or declarant is competent to testify on the matters stated. (d) When Facts Are Unavailable to the Nonmovant.

How does summary judgment work in a civil case?

Often in civil cases, parties file motions disputing whether a party is entitled to receive certain kinds of information before trial. Parties also may file a motion for summary judgment, which asks the judge to determine some or all of the issues in the case based on the information the parties present in briefs.

Can a court weigh in on a motion for summary judgment?

The court is not supposed to weigh the evidence, simply to check to see if it is there. If you follow these rules you should have an excellent chance of defeating a motion for summary judgment filed against you.