Legal Question in Credit and Debt Law in Massachusetts
A Withdrawn Motion for Judgement on the Pleadings
If the plaintiff files a Motion for Judgment on the Pleadings and the defendant files an Opposition, but the plaintiff withdraws its motion prior to the hearing, can the supporting documents attached to the motion be used (specifically an affidavit) by the defendant for the case or is it treated as though it never existed?
3 Answers from Attorneys
Re: A Withdrawn Motion for Judgement on the Pleadings
The withdrawn affidavit can, like any other document, be submitted into evidence, and it would be up to the court to determine if its probative value is substantially outweighed by its prejudicial effect.;)
Re: A Withdrawn Motion for Judgement on the Pleadings
What is filed is not part of the record. Withdrawing the motion is not like removing it from the file.
If you need assistnace, or represenation contct me.
Re: A Withdrawn Motion for Judgement on the Pleadings
Yes, they can still be used even though the motion was withdrawn.
It sounds as though you might want to retain an attorney to ensure a more favorable outcome in this case than you might be capable of achieving on your own.
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