Legal Question in Civil Litigation in Massachusetts
What to do next
I asked the court leave to file a late response to the ''request for admissions''
I was denied and the other side was allowed ''summary judgement''
The appeals court overturned the ''summary judgement'' and I was allowed to answer the admissions late.
They refiled the same summary judgement motion and the courts allowed it again.
Is this possible
2 Answers from Attorneys
Re: What to do next
Yes, it is possible. Request for Admissions is a powerful discovery tool.
If you decide not to respond to the Request, then every assertion contained therein becomes fact at trial or for summary judgment purposes. Summary judgment based on those facts is appropriate.
It is not clear from your post whether you ever actually responded to the Request for Admissions. Even if you did respond, if you admit to all the necessary facts needed to prove the other side's case, then summary judgment is again appropriate based on those admissions and other pleadings.
If you would like some assistance, please do not hesitate to contact my office.
: What to do next
I generally agree.
The legal and factual issues raised by a motion for a summary judgment are a separate step from the request for admissions.
To look at why the court ruled against you, you need to look and compare both motions, and your opposition, and how and why the judge ruled against you.
Without doing this as a general question, there is no question.
You can appeal the judge's order; but you have a very limited time to do the necessary paperwork. A failure to act can and will effect your appellate rights.
If you have any other questions or need help, contact me.