eDiscovery, legal research and legal memo creation - ready to be sent to your counterparty? Get it done in a heartbeat with AI. (Get started for free)

What are the legal implications and potential consequences of submitting a late response to a summary judgment, and how can a defendant mitigate the effects of such a late response?

If an attorney or litigant files a response to a motion for summary judgment after the due date, the court may grant summary judgment for the non-moving party without considering the late response.

Rule 56 of the Federal Rules of Civil Procedure allows the court to grant summary judgment on its own, without a motion from either party.

In the Seventh Circuit, if a pro se plaintiff fails to timely file a response in opposition, the district court may enter summary judgment against the plaintiff, even if a belated response is filed later.

The court may grant summary judgment for the non-moving party if the moving party fails to show that there is no genuine dispute as to any material fact.

A late response to a summary judgment motion can be deemed waived, and the court may not consider it.

In some jurisdictions, an unanswered discovery request can be grounds for delaying a summary judgment hearing.

A defendant can mitigate the effects of a late response by showing that discovery is incomplete and could raise a disputed material fact when completed.

The court may consider a late response if it is filed within a reasonable time after the deadline and the defendant can show good cause for the delay.

In calculating the response deadline, the court considers weekends and holidays, and the deadline may be extended if it falls on a weekend or holiday.

A defendant should focus on providing a clear answer to the court, rather than using flamboyant words, when responding to a summary judgment motion.

The court may grant a motion for summary judgment on legal or factual grounds not raised by the parties.

A defendant can potentially avoid a late response by seeking a time extension from the court, which may be granted if the defendant can show good cause.

In some cases, a defendant may be able to file a cross-motion for summary judgment, which can provide an alternative to responding to the plaintiff's motion.

Even if a defendant files a late response, the court may still consider it if it is meritorious and raises genuine disputes as to material facts.

A defendant should be prepared to explain why the judge should rule in their favor and should be able to summarize their argument in a single sentence.

eDiscovery, legal research and legal memo creation - ready to be sent to your counterparty? Get it done in a heartbeat with AI. (Get started for free)

Related

Sources