Q&A If the defendant(s) moved for summary judgment
Post# of 15187
Posted On: 07/01/2016 8:15:55 PM
Q&A
If the defendant(s) moved for summary judgment, and you're asking what happens if the plaintiff doesn't respond?
The answer is that the court will evaluate the motion based solely on the moving papers. The term "default judgment" typically refers to a situation in which a defendant fails to answer a summons and complaint, and the plaintiff gets a judgment as a result. Just because a nonmoving party fails to oppose a summary judgment motion doesn't mean the motion will automatically be granted. If we assume that the motion gets granted and judgment entered, the defendant can seek whatever costs are recoverable under the circumstances pursuant to the applicable state law.
If the defendant(s) moved for summary judgment, and you're asking what happens if the plaintiff doesn't respond?
The answer is that the court will evaluate the motion based solely on the moving papers. The term "default judgment" typically refers to a situation in which a defendant fails to answer a summons and complaint, and the plaintiff gets a judgment as a result. Just because a nonmoving party fails to oppose a summary judgment motion doesn't mean the motion will automatically be granted. If we assume that the motion gets granted and judgment entered, the defendant can seek whatever costs are recoverable under the circumstances pursuant to the applicable state law.
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