Can a motion for summary judgment be denied on the basis of the movant not having requested the exchange of any discovery before the filing of the motion?
Movant is the defendant in this action and no notice of service of discovery has been served by the plaintiff on the defendant and no request for production of evidence was necessary on the part of the defendant to obtain the documentation which is the basis of the motion because that documentation is a matter of public record.
1 Answer from Attorneys
It's up to the judge in all cases The plaintiff will put in his papers and perhaps the plaintiff and may say he wants discovery and the motion for summary judgment is premature. I think that's more probable.