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LegalGround >> Vacating summary judgment procedure ?

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12/11/11 3:16 PM
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sreiter
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Member Since: 1/1/01
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State of New Jersey -

Do I need to file a "order to show cause" and wait for the order before I can file my motion to vacate, or can I just file my motion to vacate.

The motion is based upon

1) the plaintiff’s complaint fails to state a claim upon which relief can be granted as well as NJ R 4:50(d)(f).

2) The trial court erred in applying the standard of review on a summary judgment.

I have a number of supporting documents already (invalid affidavits, etc.), and the fact that the necessary documents weren't file shows the plaintiff failed to state a claim.

But do i need them to fail to comply with proceeding documents to prove they don't have the documents need first?

thanks in advance
12/23/11 1:56 PM
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pm1964
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I do not know in NJ, but ttt.

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