Gray Peterson
Founder's Club Member - Moderator
imported post
That would essentially be correct, except that either party can motion to move up the trial date after pre-trial MTD's and MSJ's are done in some sort of important interest, basically, either side would have to convince the judge that it's in the best interest of judicial economy to move up the case, or the fact that someone's civil rights are being violated. In the federal courts (not sure about state in at least in this fact), a denial of MSJ would allow the party being denied to appeal it to a higher court, such as the Court of Appeals.
Basically, it's still an arbitrary date.
kwiebe wrote:
Also, I don't think the trial date that gets set is truly arbitrary. I think it's set with other cases in mind, i.e., first-come/first-served, isn't it? So if I filed a Superior Court case against someone right now, my trial date would likely be May or June 2011 - or even later, if there's been an influx of cases recently. Just wanted to make that point.
That would essentially be correct, except that either party can motion to move up the trial date after pre-trial MTD's and MSJ's are done in some sort of important interest, basically, either side would have to convince the judge that it's in the best interest of judicial economy to move up the case, or the fact that someone's civil rights are being violated. In the federal courts (not sure about state in at least in this fact), a denial of MSJ would allow the party being denied to appeal it to a higher court, such as the Court of Appeals.
Basically, it's still an arbitrary date.