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What does 'Motion for summary judgment' mean?
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What does 'Motion for summary judgment' mean?

Does it mean I HAVE to pay or just letting me know that I will be going to court soon for it? Also, the people requesting the 'motion for summary judgment' is an anesthesiologist that provided services for a surgery i had, that I woke up in the middle of!! A few months after the surgery they contacted me and said my account was past due, and I told them they can either drop it or I would take them to court since I woke up during the surgery. They said 'Ok, thank you." and hung up.. That was in 2007. Now they are trying to sue me I guess.. Could I still take them to court for me waking up during the surgery or is it to late?







Steve K
Rating
A motion for summary judgment is a request that the judge enter a ruling in favor of the moving party because, after the submission of all the evidence, there is no question of material fact or law relating to that claim. As for your claim, dating back to 2007...that's a tough one. You have a potential personal injury claim, but you may be time-barred from proceeding with it - there may be an applicable statute of limitations on that claim where you live. You should really get an attorney to fight this motion for you; if you don't file in a timely fashion, you will have a default judgment taken out against you, which means you don't get to fight the validity of the claim. Don't sit on this - you have a VERY limited amount of time to save yourself a lot of aggravation. Also - a motion for summary judgment will require a hearing, which will then require you to be in court, or your attorney to be in court on your behalf, to argue your position.


D.C. Maximus
Rating
So, you woke up. You do not claim injury. You are using the awakening as a pretense to avoid paying your debt. The MSJ is a motion asking the court to rule that as a matter of fact and law you have to pay their bill. It obviates the need for a trial if granted. Better respond in a timely manner,


Mr. Smartypants
Well first of all, you wouldn't take them to court unless you were suing for damages. -They- want something from -you-, so they take you to court. A summary judgement is when a judge decides right away, without hearing evidence or a jury or anything. Usually this is because the plaintiff hasn't made his case. The plaintiff's case has to be prima facie, meaning it has to stand on its own, it has to be complete. The plaintiff makes his case first, then the defendant makes his defense. If the plaintiff's case is not prima facie, then defendant can move for summary judgement. I've never heard of a plaintiff moving for summary judgement before he even makes his case, but I guess that happens sometimes. In either case it's up to the judge. Summary judgement is a decision a judge makes, basically 'Well I don't think we need to hear any more of this. I know how I think already' If a case is really frivolous, a judge can 'throw it out of court' before it even is heard, that's also summary judgement. This is what happened the last couple of times President Obama's birth certificate has come up. If that happened in this case, the judge would be throwing out the anesthesiologists's claim against you.


bobby h
Rating
A motion for summary judgment, is simply a request by a litigant in a civil matter to the judge to rule in their favor based on the evidence they presented to him or her. In your case, the doctor office probably presented the bill for services rendered, along with a statement from the attending physician who administrated the services. You have the right to object to that summary judgment based on the fact that the services rendered were ineffective. The judge would most likely then decide to set the matter aside for a jury or judge trial. However, if you fail to respond the summary judgment request will probably be granted.


Chris B
Rating
A motion for summary judgment is a motion claiming that one or more of the causes of action claimed by the non-movant cannot be proven at trial. It claims that there exists no issue of material fact as to one or more elements.


Sergeant Vince Carter, USMC
I'm not a lawyer so one can explain it better, but it's basically a request to the judge to throw out the case based on lack of evidence, etc..







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