In a lawsuit, a motion is a request that the Court take action. If a motion is unopposed by the other party, the Court will usually grant the relief that is requested. Some motions can end cases outright. At the beginning of a lawsuit, a Motion to Dismiss can be filed on various grounds including failure of a lawsuit to state a viable claim. Later in a New Jersey lawsuit, another type of motion called a Motion for Summary Judgment calls upon the Court to dismiss a lawsuit because of a lack of evidence.
An attorney’s failure to respond to motion can result in the loss of a case and give rise to a legal malpractice case in New Jersey. In such instance, an attorney can be responsible for the damages from the loss of the case.
In New Jersey, a lawyer has to comply with strict time limits to file written papers on a motion. If the lawyer misses those deadlines, the Court can usually take action that can hurt the lawyer’s client.
Ronald J. Wronko, Esq., has handled cases involving the failure to respond to motions. In Morristown, Morris County, New Jersey, he won a trial involving a lawyer’s failure to adequately respond to motions in a case. Mr. Wronko has also handled matters involving the failure to respond to critical motions, like a motion to dismiss. If you believe that you are the victim of legal malpractice because your lawyer failed to respond to a motion, please contact Ronald J. Wronko, Esq. for a free consultation.