I was just wondering if lets say CHASE is sewing someone for unsecured debt owed, and they push forward with a motion for summary judgment, can the defendant appear to the hearing to defend ? It is to my understanding that the entire purpose of the motion is to avoid a trial and obtain a judgment with the overwhelming evidence presented against the defendant. Much appreciated on a good answer.On a Motion for Summary Judgment, Can the Defendant appear in court?The defendant may appear. However, that defendant had better have filed his/her opposition to the motion with the court and served it on the plaintiff. If the defendant believes that oral argument alone is going to win the day, the defendant is sorely in error.
One thing to note. A motion for summary judgment assumes there is no dispute as to facts. Unless the defendant can actually dispute the facts as set forth in plaintiff's motion, the defendant needs to find law that supports his/her position.
Another thing to note. Civil cases are not DIY unless they're in small claims court.On a Motion for Summary Judgment, Can the Defendant appear in court?Yes, the defendant is entitled to respond to a motion for summary judgment. If there is a hearing, the defendant (or his lawyer) is entitled to appear and argue their case. However, the court does not have to have a hearing on the motion and can rule on it without a hearing. In this case, the defendant (or his lawyer) is entitled to file a written response to the motion.
Generally, the defendant is entitled to be there and hear the accusations against him in all legal proceedings. The only one that comes to mind where the defendant cannot be there is in grand jury proceedings.On a Motion for Summary Judgment, Can the Defendant appear in court?Usually your lawyer will file a response to motion for summary judgment on behalf of the defendant.On a Motion for Summary Judgment, Can the Defendant appear in court?
Of course you can.
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