Legal Question in Credit and Debt Law in Massachusetts
discovery and motion summary judgement
In Massacchusetts can you file a motion for summary before discovery is complete
Asked on 8/30/07, 9:59 pm
1 Answer from Attorneys
JOHN TATOIAN
LAW OFFICE OF JOHN A. TATOIAN ESQ.*Licensed Only in Massachusetts
Re: discovery and motion summary judgement
Pursuant to Massachusetts Rule of Civil Procedure 56(a), a party may move for summary judgment, with or without supporting affidavits, at any time after the expiration of 20 days from the commencement of the action or after service of a motion for summary judgment by the adverse party. Thus, based on the foregoing, even if discovery has not been completed, a party may move for summary judgment.
Answered on 8/31/07, 10:53 am