Legal Question in Real Estate Law in Virginia
I am one of three defendants in a law suit. Each defendant's situation is different. In my case the law suit is without any merit. Therefore, I want to file a motion for partition and another motion for stipulation of facts of the case (my case separately) from the other defendants
2 Answers from Attorneys
Neither of these motions you've referenced would be appropriate for the situation described (in my opinion). Nevetheless, however, a motion for summary judgment might be applicable in your behalf once pretrial discovery has closed and it appears to the trier of fact that there is no genuine issue of material fact at issue with respect to the claim(s) pending against you and therefore as a matter of law you're entitled to summary judgment under the applicable procedural rules.
I would suggest that if at all possible that you hire competent counsel to
represent you in this matter rather than attempting to handlle it on your own.
Summary judgment in your favor means that the case against you would be dismissed.