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oppose summary judgement and lawyer not following court procedures

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civilquestion

Junior Member
wisconsin
How do I oppose a dismissal and summary judgement in plaintiffs favor? The dismissal and summary judgement was submitted to the court because my old lawyer had not followed civil court procedures and submitted uncompleted answers on my behalf. What are my options? (I know I need a lawyer, If I can afford one, I would get one but I cannot and thats why I am here) Thank you in advance for any advice or at least tell me what my options are to avoid a summary judgement against me. Thank you!
 


FlyingRon

Senior Member
A summary judgement is given when the party shows that the other party has no chance of prevailing. You'll have to answer the assertions in the summary judgement in a way that shows you might have a case on your side. Alas, this IS why we have lawyers. You've not indicated enough of anything that allows us to give a more detailed answer.
 

quincy

Senior Member
wisconsin
How do I oppose a dismissal and summary judgement in plaintiffs favor? The dismissal and summary judgement was submitted to the court because my old lawyer had not followed civil court procedures and submitted uncompleted answers on my behalf. What are my options? (I know I need a lawyer, If I can afford one, I would get one but I cannot and thats why I am here) Thank you in advance for any advice or at least tell me what my options are to avoid a summary judgement against me. Thank you!
You oppose a motion for summary judgment by showing the court there exists a dispute on a genuine issue of material fact.

Why did your lawyer fail to submit answers to the complaint? Did you ask him to explain? Have you fired your current attorney and/or has the court approved your attorney's withdrawal from your case?

You can refer to Rule 56 of the Federal Rules of Civil Procedure, Summary Judgment: http://law.cornell.edu/rules/frcp/rule_56
 
Last edited:

quincy

Senior Member
Unless he is in Federal Court, Wisconsin's Civil Procedure rules probably are a better source: https://docs.legis.wisconsin.gov/statutes/statutes/802/08
True. The Rules are comparable, though, and I had the FRCP on hand. :)
 

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