QUESTION
By law does a judge have to notify both attorneys that he is granting a summary judgement?
Asked on Nov 26th, 2012 on Estate Planning - Michigan
More details to this question:
We had won a case due to a summary judgement from the judge. The other side is appealing. They say the judge didn't notify both attorneys that he was doing so.
8 ANSWERS
Civil Litigation Attorney serving Aptos, CA
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Richard E. Damon, P.C.
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Your question doesn't really compute. If there was a hearing, and the judge awarded summary judgment, the other attorney was present. Otherwise, the victorious attorney has to send opposing counsel a notice of entry of order or judgment.
Answered on Nov 29th, 2012 at 5:08 AM
Business Planning Attorney serving Livonia, MI
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Frederick & Frederick Attorneys at Law
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That is one of the weirdest things I have heard. I have never heard of a situation where one side was NOT notified. I would think that this is important, however, because the other party only has so many days to appeal a decision. If they were not notified by the judge, then their time could run out, without them knowing it. I guess, this would raise two questions. 1) Is there a basis for appeal, in the first place? and 2) If their only objection is they were not notified properly, then is this worth appealing? You should check with your attorney.
Answered on Nov 28th, 2012 at 6:57 AM
In a normal case, yes, the judge must send out notices to both parties.
Answered on Nov 26th, 2012 at 6:00 PM
Business Litigation Attorney serving Orange, CA
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Law Offices of Frank Granato
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The judge would notify all counsel about the ruling.
Answered on Nov 26th, 2012 at 4:53 PM
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In Nevada, normally, the attorneys prepare and submit it to the judge to review and sign. The judge signs the order so long as it appears to be correct. It is usually filed and entered by the prevailing party. It is entered when it is mailed to all parties, or their counsel in the form of a Notice of Entry of Order. That is what starts the appeal and reconsideration clocks. If the order was never entered it needs to be otherwise the appeal will be filed too early.
Answered on Nov 26th, 2012 at 4:53 PM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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You should ask your attorneys as they know the facts and circumstances.
Answered on Nov 26th, 2012 at 4:52 PM
Trusts Attorney serving Sacramento, CA
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Law Office of Victor Waid
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You need to look at the local court rules in the county where the decision was rendered, to determine the judicial notice requirements by the court for notice re the forthcoming ruling on a summary judgment motion; also, look at the California Rules of Court for guidance; lastly, your attorney should or probably has filed notice of entry of judgment, even though the other side is claiming they are appealing; notice is presumed once the judgment has been filed with the clerk of the court, as the judgment then becomes a matter of public record. A claim of failure to notify an attorney probably won't stand up.
Answered on Nov 26th, 2012 at 4:52 PM
Judges act through their written orders. A judge granting summary judgment typically issues a written opinion explaining the decision. It may also order the judgment granted, The court staff is supposed to notify all attorneys of record - which may be accomplished by mail and, increasingly, by electronic filing. The court staff would routinely add to the file a proof of service of the judgment. An attorney who was not timely notified may, of course, file an appeal. If the record includes a proof of service upon the attorney or his clients, the appeal should fail without a opinion addressing the merits of the decision granting summary judgment.
Answered on Nov 26th, 2012 at 4:51 PM