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Can you file a motion for summary judgment before discovery?
Anonymous2 views2 answers
I am suing a bank for wrongful foreclosure in federal court in Georgia. I already put in a motion for judicial regarding the authenticity of certain documents. Discovery has not started yet. I have just received certified document from the Secretary of state saying that the bank is not registered to do business in Georgia. Can I file a motion for summary judgment with this piece of evidence before discovery and is the new piece of evidence a sure win for the case.
You can file a moton for summary judgment before discovery. However, watch your theory of the motion. You should conduct research to determine if banks have to register with the Secretary of State to do business.
We meet again. I have already answered your last question, now let me address the next-to- last, with again your keeping in mind that I am not licensed to practice law in GA and can only make general comments.
A Motion for Summary Judgment requires that the record in the Court file must support the contention that there are no material facts to be proven up at a trial. You may be on the right track by seeking to have the registration issue taken under judicial notice. A request for admissions is another procedural tool by which have the "fact" of the non-registration made a part of the record.
