Expert: Morgan Smith - 11/6/2007

Question
I'm in the state of Ohio.  Leave for summary judgment was filed and granted when I was notified by mail of this.  How much time do I have to file an opposition?  I'm handling this pro se.

Answer
Dear Carolyn,

Before I respond further to your question, I must make clear that I do not represent you, and cannot give you individual particularized legal advice. No attorney client relationship is created by this email. For legal advice, you should hire your own attorney, and follow their advice. My role with AllExperts is limited to providing general information and suggestions for educational or general knowledge purposes.
Before you take any action, consult with your own attorney.

I do not practice law in your state, so I suggest that you refer to an attorney who is licensed to do so.  Furthermore, I am not certain what was filed and granted.  Leave to file the motion requesting summary judgment, or an order granting summary judgment?  

You may wish to call the judge’s clerk with administrative or rules based questions like this.  Not only will this generate an opportunity for a helpful answer, it may also signal the judge that you take the matter seriously, and are not goofing off. In many instances, pro se litigants are cut a little slack.  This lenience may be more likely if you have some contact with the court, rather than showing up at a hearing and claiming ignorance.

If you have been served with a motion, you typically must respond within a reasonable time before the hearing.  For example in my state, the movant (person filing the motion) must serve the motion 15 days before the hearing, and then the respondent (person responding to and opposing the motion), must serve their response no later than 5 days before the hearing.

If you have been served with an order, granting summary judgment or otherwise essentially disposing of the case, you usually must respond by taking an appeal to a higher court.  In my state, you must appeal a final judgment or an order having the effect of a final judgment within 60 days.

I hope this helps, good luck to you.


Morgan Smith
SMITH & RAVER LLP
Minneapolis, Minnesota
http://smith-and-raver-llp.biz/