A question that I am frequently asked is, "why does this take so long?" This is usually asked in the context of mortgage foreclosure and the trial process. There is no good answer to the question; it truly varies from case to case. People are often surprised by how long litigation can take. Simply filing a motion to dismiss could push things back two months.
How does this happen? A typical scenario is after the jump.
Defendant's attorney files a motion to dismiss for lack of standing. The motion is set for the next status date, which may very well be the first hearing date listed on the original summons.
At the hearing, Plaintiff's attorney opts to set a briefing schedule as opposed to arguing the motion that day. A briefing schedule is, quite literally, an agreed-to schedule that allows both parties to file supporting arguments, also known as briefs. A typical briefing schedule will give the non-moving party (in this case, the Plaintiff) 28 days to reply to the motion. This reply is the other side's argument why the motion should not be granted.
But it doesn't end there. The schedule will also give the moving party (in this case, the Defendant) time to respond to the other side's reply. Typically, this is about 14 days. The response brief argues against the other side's arguments and attempts to persuade the Court to grant the motion.
The briefing schedule also sets the motion for a hearing date. This is usually a week or two after the response brief is due.
28 days + 14 days + 14 days = roughly two months. In those two months, significant progress can be made towards working out a settlement for the foreclosure action. This may be a loan modification or a consent foreclosure. Regardless of the settlement plan, it is two valuable months.
