Legal Question in Employment Law in New Jersey

1.Can a defendant win summary judgment if all his arguments are proven false?

2. If a pro se client submit an answer to a defendats statement of facts 3 to 5 days late would the Judge rule against the plaintiff?


Asked on 12/16/09, 6:26 pm

1 Answer from Attorneys

Randall Brett Law Office of Randall P. Brett

A summary judgment is granted only when the facts are not in dispute and when the person making the motion is entitled to prevail as a matter of law. In other words, if the court determines that the parties have factual disputes, there will be a hearing (trial) to determine the facts.

While the court is not required to accept or allow admittance of an out-of-time document, generally (but not always) pro se litigants are permitted to file an answer late for a good reason and provided that it does not result in prejudice to the other party. If you are going to be late in responding to a statement or brief of the other party, you should call the opposing party (or their lawyer, if represented), and request that they not oppose your delay request. Then, call the assigned judge's chambers and speak to the clerk, letting him/her know that you will be submitting a request for delayed submissions by letter (including the reason for the delay and the date by which you will submit your answer). Follow up all conversations with a letter to all parties.

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Answered on 12/22/09, 8:50 am


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