Legal Question in Constitutional Law in South Carolina
summary judgment
My civil action lawsuit was initially scheduled for jury selection and trial on 12/01/06; in October 2006 the judge issued a new scheduling order to allow Defendant's attorney to file a motion for summary judgment. Thus, the jury and trial date was scheduled for 02/01/07. On November 14, 2006 Defendant's attorney filed motion for summary; on December 8, 2006, I responded with a cross-motion for summary judgment. Although, all requirments on the conference and scheduling order (including pre-trial disclosures) have been submitted months ago, to date, the court has not ruled on the motions for summary judgment; do the court have a deadline for resolving motions filed for summary judgment. Every time I contact the court, I'm told that the motions are still with the judge and that I should just wait until I hear from the court.
Is there any way, I can inquiry about the delay?
1 Answer from Attorneys
Re: summary judgment
The advice you were given was correct. The court calendar proceeds until changed in writing by the court, so prepare for trial.
Judges will often sit on SJ motions to give the parties time to bargain in good faith so s/he doesn't HAVE to make a ruling. If you haven't used this time productively to attempt bargaining, this would be a good idea and then let the judge know.
Get a skilled mediator and try to work something out, because you might not like the alternative.
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