Assume a motion was denied because the movant failed to attach enough evidence. Can the motion be refiled with the deficiencies corrected? The judge did not say either way.
2007-03-13 10:24:21 · 3 answers · asked by CozyOneII 2 in Politics & Government ➔ Law & Ethics
The rules of civil procedure will vary based on your local. Generally, if you have cured the defect you should be able to make the motion. It is really hard to say but so long as it is not considered abusive of the system the worst thing that would happen is it would be denied again.
2007-03-13 10:30:18 · answer #1 · answered by C B 6 · 1⤊ 1⤋
If the motion was denied without prejudice then you can refile it with this warning - MAKE SURE YOU HAVE CORRECTED THE DEFECT. If you dont and you refile, the judge will be mad for wasting time, the other side will be mad for having to respond again, and you just might have to pay some sanctions or attorneys fees.
As always, it is best to talk to a lawyer in your jurisdiction before you do anything to make sure its all good.
2007-03-13 11:14:33 · answer #2 · answered by EthanHunt 3 · 0⤊ 0⤋
If it was denied with prejudice, no. If it was denied without prejudice, then you generally have leave to refile.
The rules of court for the jurisdiction will define what the default is (with or without prejudice) if the judge does not specify.
But if it was denied for a procedural issue, rather than on the merits, you can always refile. Just be prepared if the judge decides to get angry with you about it.
2007-03-13 12:52:37 · answer #3 · answered by coragryph 7 · 0⤊ 1⤋