Sunday, April 26, 2015

In Wisconsin. How should I oppose Motion for Summary Judgement? I've read that affidavit is better than brief. Don't know how to structure o...

Question

In Wisconsin. How should I oppose Motion for Summary Judgement? I've read that affidavit is better than brief. Don't know how to structure or produce either.



Answer

Summary judgments can be difficult to defend if everything which the moving party claims in their affidavit is true. The only way to contest them and request that the case be set for trial (rather than ending in a judgment), is to file an affidavit opposing it on the grounds that their is a genuine issue on at least one material fact required to be proven as a prerequisite to judgment. The affidavit must be filed and served in a legally valid way within five working day of the summary judgment hearing.

Do not assume that I am your attorney because of my response here. You can post comments/clarification requests here or, for other past answers, go to http://www.avvo.com/attorneys/53401-wi-jay-nixon-1529181/answers.html?sort=recency or www.jayknixonlaw.com. However, I will not be taking any action on your case unless you make additional arrangements. Answers may contain attorney advertising materials.



No comments:

Post a Comment