Re: Judicial Notice

How on earth did you manage to lose a summary judgment motion?

You will not prevail in your motion to set aside the summary judgment. The case is over, and you lost. Maybe you can get the opposing lawyer to waive costs if you withdraw your motion.

Next time, use a lawyer.

Re: Judicial Notice

Judicial notice is a way of getting evidence before the judge without having someone swear to its authenticity. Only a few types of evidence are subject to judicial notice; they include court records and established facts which are not reasonably open to dispute.

A request for judicial notice is not really a motion. It's how some of the evidence offered in support of or opposition to a motion is presented to the court. You could oppose the request if you wanted, but the only way to do so would be to show either that the evidence being offered is not properly subject to judicial notice (a mistake few lawyers would make and few judges would miss) or that it is inadmissible or should be excluded for some other reason.

Mr. Stone's answer strikes me as overly pessimistic and not very helpful. Losing an MSJ is not so unusual, even for lawyers. He is right, though, when he says it's very unlikely that your motion to set it aside will succeed.

You may still be able to appeal the court's decision. As a pro per, though, you probably didn't preserve issues appropriately and probably couldn't represent yourself effectively in the appellate court anyway. In the end, Mr. Stone's suggestion that you seek a costs waiver in exchange for dropping the case may be your best option.

Re: Judicial Notice

You should file an appeal. Notice of appeal needs to be filed within 60 days of the judgment. When was the MSJ granted? This time do not be pro per get reprsentation.