What If I File A Properly Supported Motion For Summary Judgment And The Other Party Doesn’t File Properly Supported Opposition Papers?
If a motion for summary judgment is properly supported, the burden rests on the respondent to show why the motion should not be granted. Unless the respondent can do more than simply create some doubt as to the material facts presented by the moving party, the court should grant the summary judgment motion. The Court should not ignore the respondent’s burden to come forward with evidence showing more than mere doubt that the crucial facts of the case support the granting of the summary judgment motion. Even if the respondent merely presents legal arguments to deny summary judgment, those arguments, if unsupported by proof of material facts, should fail to save the respondent from having the summary judgment motion decided against the respondent. For example, if a respondent offers no affidavits, certifications or other proofs in opposition to the summary judgment motion, the court may accept as true the evidence submitted by the moving party. However, even where the nonmoving party fai
Related Questions
- HOW DO I SERVE SUMMARY JUDGMMENT MOTION AND OPPOSITION PAPERS ON OTHER PARTIES IN THE SUPERIOR COURT OF NEW JERSEY, LAW DIVISION, CIVIL PART AND SPECIAL CIVIL PART?
- Can an attorney file a declaration in support of or in opposition to a motion for summary judgment/adjudication?
- Can I file a joinder to another partys motion for summary judgment/adjudication?
