Summary Judgment Info

[annalise]

I've been reading all the posts about default judgments and how the defendant should definitely show up, respond and file a summary judgment.

So,  how does this work?  If Getty files a lawsuit against someone then what would be the next step? 

Do you first enter reply to lawsuit or do you just go right to submitting a summary judgment (or file motion?)

For the summary judgment, what do you include and what are you not to include? For example, if you have screen shots of other websites that allow the user to freely download photograph, etc - would this be something you would include?

Does the summary judgment include all the affirmative defenses? 

[Jerry Witt (mcfilms)]

I'm not a lawyer, but here is how I would proceed. If I felt pretty sure that I had a solid case, I would find the most expensive lawyer possible and explain the situation to that lawyer and point out that copyright law is one area where the defendant can recoup all legal expenses. If I could work out a deal with this attorney, great. If my standing wasn't so solid or I had to go it alone, I would look to the local law universities or search out a paralegal for help.

Of course during this time I would become a voracious reader. I do not know which order you need to file documents. But I can guarantee that by the end of the day I would. I would then start collecting evidence and keep track of my billable hours. Because by the time the case gets to the judge I would have a bill of my own that dwarfs whatever they claim I owe.

But hopefully Oscar or someone can give you a strategy that is based more on the law and less on gut instinct.

[Oscar Michelen]

You can't just file a summary judgment motion in Federal court. There is a very strict procedure you have to file first which involves among other things, exchange a statement of facts to the other side that you claim are undisputed and see if they agree.(Federal Rule 56 governs this along with the various rules of the individual District Courts) You can answer the complaint by  a motion to dismiss the complaint instead of the usual answer which denies the allegations. You could argue that the plaintiff lacks standing to bring the suit if you feel that their method of registration is improper. Take a look at the  Bernina v. Imageline cases for details of that legal argument as well as Muench v. Houghton Mifflin

[annalise]

When I read various responses to a lawsuit, the responses to each claim by the plaintiff is just a short sentence such as Defendent denies this accusation.

When is it that you bring up all of these cases and explanations, etc. and evidence of invalid registration.

If you respond with a motion to dismiss, would you include details of cases and reasoning in this document?

[Oscar Michelen]

Yes you would bring up all those issues in a motion to dismiss or later on in  a motion for summary judgment and also in your answer you might raise some of them as "affirmative defenses" 

[SoylentGreen]

I'm not an attorney.
However, the following is my understanding.

You could file an "answer" to a lawsuit wherein the responses to each "point" are a flat out denial "such as Defendant denies this accusation".
However, this is a very, very weak position unless the given point is obviously very frivolous.
You should endeavor to answer every point with a solid statement to the contrary, and you should be able to firmly back up that statement with evidence.
One may also consider using a "flat-out denial" if the point that the plaintiff is making cannot be backed up by any evidence, or is simply an opinion without precedent.

You may start with answering each of the plaintiff's accusations point by point at first.
Then add any remaining pertinent info at the beginning of your response.

You local court will have forms and documents online that you can download.
Submissions and forms must be made according to rules, which are also posted.

Note that you cannot represent yourself if the dispute involves a corporation (in most places).

All of this will require lots of reading and studying.

S.G.

[annalise]

So if you can't represent yourself as a corporation, where does that leave you if you cannot pay for an attorney?  Can you still file responses and motions, etc.?
 
Could that be why there have been a lot of default judgments out there?

[Matthew Chan]

If the corporation has so little money and assets, then simply let it go.  It is one of the things to consider before ever starting a corporation.  There are benefits and there are disadvantages.  This is one of the disadvantages.  It must have a corporation unless you decide to become a lawyer.  Or find someone that will do work pro bono.

Sometimes the best thing to do is to accept the default judgment especially in the case of an empty corporation.  You can discard it like an aging car that has outlived its usefulness.

So if you can't represent yourself as a corporation, where does that leave you if you cannot pay for an attorney?  Can you still file responses and motions, etc.?
 
Could that be why there have been a lot of default judgments out there?