Legal Question in Civil Litigation in California
Opposition to Motion for Summary Judgment
In California, US District Court, Northern District, how many days does one have to Oppose a Motion for Summary Judgment, and how many days to Reply? Also, what is the rule/where is the rule?
2 Answers from Attorneys
Re: Opposition to Motion for Summary Judgment
In California 437 c governs summary judgment practice.
Re: Opposition to Motion for Summary Judgment
Making and opposing motions for summary judgment can be incredibly technical. There are procedural and format requirements, many of which are mandatory. The failure to follow rules related to some of these issues can spell disaster, depending upon the rule, and at times, the judge. You do not indicate if you have an attorney, but I presume by the nature of your question that you do not. If that is accurate, then you should STRONGLY consider finding an attorney to help. Most courts will not cut you slack merely because you are representing yourself; you are held to the same standards as an attorney.
In the US District Court for the Northern Disrict of California, Local Rule 56-1 governs summary judgment, and Local Rules 7-2 and 7-3 govern notice and timing.
I imagine that you can find the text of the rules at the court's website. You can also find it at the local law library.
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