It is not unusual for Buffalo personal injury attorneys to face situations where the attorneys for the defense ask the judge to dismiss the case prior to trial. This request often comes in the form of a legal document called a motion for summary judgment, which can only be submitted within a specific time period.
In a motion for summary judgment, the defense will seek to establish that there is not enough evidence to support one or more elements necessary to prove a personal injury case. For example, they may claim there is insufficient evidence to prove that the plaintiff suffered a “serious injury.” If the judge finds that the defense is right, the case will be dismissed prior to trial.
Motions for summary judgment, however, may only be submitted to the court within a very limited time frame. By law, after the issue has been joined and the court becomes involved, the court may set the final date during which this motion be made. The date must be at least thirty days after a document called a note of issue has been filed with the court.
If the court does not set a date, as is often the case, then the time limit to submit a motion for summary judgment is 120 days from the filing of the note of issue. The defense may not submit such a motion after that date unless it can show “good cause” explaining why this delay took place.
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