Motion Practice in Constructive Trusts
Motions in Constructive Trusts
Long Island Attorney & Motion Practice in Constructive Trust Actions
As with any litigated case, constructive trust actions will likely have numerous pre trial motions.
It is possible that summary judgment motions may resolve a constructive trust action, but a trial is often where the resolution will be found. Motions will be used to address various issues that occur on the way to the trial.
The best constructive trust lawyers will have a combination of legal knowledge about procedural rules and the underlying constructive trust law to properly seek or oppose any motions that are filed prior to trial.
Do you need representation in a Constructive Trust Action on Long Island or New York City?
Contact us online or at (631) 864-2600.
What You Need to Know about Motions in Constructive Trust Cases
What are common motions in constructive trust cases?
- Motion for a default based on the defendant not responding.
- Motion to dismiss without prejudice due to technical defects.
- Motion for summary judgment. Either side may request summary judgment.
- Motion to reargue a prior order.
- Motion to renew a prior order.
- Motion to compel discovery based upon failure to respond to discovery demands.
- Motion to preclude discovery based upon failure to respond to discovery demands.
- Motion to amend pleadings
- Motion to extend the time of a notice of pendency
Can a motion decide the entire constructive trust case?
It is possible that a motion can decide a constructive trust case before trial. A motion for summary judgment can be filed by either side which asserts that there are no disputed facts which need a trial, and that the court can decide the entire case based upon undisputed facts by applying the law alone.
Summary judgment motions will be denied if there are facts in dispute, and if summary judgment is denied then the case will proceed to trial where the court will decide which side is correct on the facts.
Contact Our Constructive Trust Attorney Today
At the Law Office of J. Douglas Barics, we have the skills and knowledge to handle any constructive trust case, no matter how challenging or complex. With over 20 years of experience in constructive trusts, we can bring to you the services of a large firm at a fraction of the cost. When you need a skilled constructive trust lawyer located in Suffolk County, call The Law Office of J. Douglas Barics.
For a free phone case consultation or to schedule an office meeting, call 631-864-2600.