Legal Question in Civil Litigation in Texas

Defendant filed Motion for Summary Judgment... Hearing set for submission on july 18 at 8 am.

plaintiffs attorney faxed and filed response on July 18th at 14:00 pm .. does Judge still review the plaintiffs response if it was filed after 8 am... is this considered late filing on the response of the plaintiff?

judge signed Defendant's Summary Judgement. approving no trial.

does Plaintiff gave any action on her attorney ? for filing late?


Asked on 7/31/11, 7:55 pm

1 Answer from Attorneys
Joseph A. McDermott, III Attorney at Law

The repsonse is due 7 days before the hearing/submission date, though the judge can consider a late filing in his discretion. Plaintiff might have a claim against her lawyer, but query whether the summary judgment would have been granted even if a timely response had been filed.

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Answered on 8/01/11, 9:27 am


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