Define: Motion For A Summary Judgment

Motion For A Summary Judgment
Motion For A Summary Judgment
Quick Summary of Motion For A Summary Judgment

A motion for summary judgement is a written plea to a judge to rule in favor of one party before a trial takes place. This plea is based on previously recorded evidence, such as written statements or answers to questions. The party making the plea argues that all the crucial facts and laws support their side. The opposing party can counter by demonstrating that there are still significant facts or laws that need to be determined in a trial. If the judge agrees with the plea, the case may conclude without a trial. However, if there are still important matters to be resolved, the case will proceed to a trial. This process can be intricate and necessitates extensive paperwork.

Full Definition Of Motion For A Summary Judgment

Summary judgement is a written request made by one party to a judge, asking for a decision in their favor before a trial. This request is based on evidence that has already been recorded, such as written statements, depositions, and answers to questions. The party making the request argues that all the facts and laws support their case. However, the other party must demonstrate that there are still important facts or laws that need to be decided in a trial. For instance, if a person is suing their former employer for wrongful termination, the employer may file a motion for summary judgement, claiming that there is no evidence to support the employee’s claim. In response, the employee presents evidence that they were fired due to their age, which is illegal. Ultimately, the judge determines that there is sufficient evidence to proceed to trial. This means that the case will continue, allowing both parties to present their evidence in court.

Motion For A Summary Judgment FAQ'S

A Motion for Summary Judgment is a legal request made by one party in a lawsuit to ask the court to rule in their favor without going to trial. It is typically filed when there is no genuine dispute of material facts and the moving party believes they are entitled to judgment as a matter of law.

A Motion for Summary Judgment can be filed at any stage of the litigation process, but it is most commonly filed after the completion of discovery when all relevant evidence has been gathered.

The purpose of filing a Motion for Summary Judgment is to save time and resources by avoiding a full trial when there is no genuine dispute of material facts and the moving party believes they are entitled to judgment as a matter of law.

To succeed on a Motion for Summary Judgment, the moving party must demonstrate that there is no genuine dispute of material facts and that they are entitled to judgment as a matter of law. This is typically done by presenting evidence, such as affidavits, deposition transcripts, or other documents, that supports their position.

If the court grants a Motion for Summary Judgment, it means that the moving party’s request for judgment has been granted without the need for a trial. The case will be resolved in favor of the moving party, and the opposing party’s claims will be dismissed.

If the court denies a Motion for Summary Judgment, it means that there are genuine disputes of material facts that need to be resolved at trial. The case will proceed to trial, where the parties will present their evidence and arguments to the court or jury.

Yes, if a Motion for Summary Judgment is denied, the moving party may choose to appeal the decision to a higher court. However, if the motion is granted, the opposing party may also have the right to appeal the decision.

Yes, a Motion for Summary Judgment can be filed in any type of case, including civil, criminal, and administrative cases. However, the specific rules and requirements for filing a motion may vary depending on the jurisdiction and the type of case.

Yes, both the plaintiff and the defendant have the right to file a Motion for Summary Judgment. Either party can argue that there is no genuine dispute of material facts and that they are entitled to judgment as a matter of law.

The time it takes for a court to decide on a Motion for Summary Judgment can vary depending on the complexity of the case, the court’s docket, and other factors. In some cases, the court may issue a decision relatively quickly, while in others, it may take several months or even longer.

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Disclaimer

This site contains general legal information but does not constitute professional legal advice for your particular situation. Persuing this glossary does not create an attorney-client or legal adviser relationship. If you have specific questions, please consult a qualified attorney licensed in your jurisdiction.

This glossary post was last updated: 17th April, 2024.

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  • Page URL:https://dlssolicitors.com/define/motion-for-a-summary-judgement/
  • Modern Language Association (MLA):Motion For A Summary Judgment. dlssolicitors.com. DLS Solicitors. April 29, 2024 https://dlssolicitors.com/define/motion-for-a-summary-judgement/.
  • Chicago Manual of Style (CMS):Motion For A Summary Judgment. dlssolicitors.com. DLS Solicitors. https://dlssolicitors.com/define/motion-for-a-summary-judgement/ (accessed: April 29, 2024).
  • American Psychological Association (APA):Motion For A Summary Judgment. dlssolicitors.com. Retrieved April 29, 2024, from dlssolicitors.com website: https://dlssolicitors.com/define/motion-for-a-summary-judgement/

Define: Motion For A Summary Judgement

Motion For A Summary Judgement
Motion For A Summary Judgement
Quick Summary of Motion For A Summary Judgement

A motion for summary judgement is a request made by one party in a legal case asking the court to decide the case in their favour without a trial. This motion asserts that there are no genuine disputes of material fact and that the party making the motion is entitled to judgement as a matter of law. To succeed on a motion for summary judgement, the moving party must demonstrate to the court that there are no factual issues in dispute that would require resolution by a trial. Instead, the court can review the evidence presented and apply the relevant law to determine the outcome of the case. If the court grants the motion, it will issue a summary judgement in favour of the moving party, effectively resolving the case without the need for a trial.

What is the dictionary definition of Motion For A Summary Judgement?
Dictionary Definition of Motion For A Summary Judgement
n. a written request for a judgment in the moving party's favor before a lawsuit goes to trial and based on testimony recorded outside court, affidavits (declarations under penalty of perjury), depositions, admissions of fact and/or answers to written interrogatories, claiming that all factual and legal issues can be decided in the moving party's favor. These alleged facts are accompanied by a written legal brief (points and authorities) in support of the motion. The opposing party needs to show by affidavits, written declarations or points and authorities (written legal argument in support of the motion) that there are "triable issues of fact" and/or of law by points and authorities. If there are any triable issues the motion must be denied and the case can go to trial. Sometimes, if there are several claims (causes of action) such a motion may cause the judge to find (decide) that some causes of action can be decided under the motion, leaving fewer matters actually to be tried. The paper- work on both sides is complex, burdensome and in many states, based on strict procedures.
Related Phrases
No related content found.
Disclaimer

This site contains general legal information but does not constitute professional legal advice for your particular situation. Persuing this glossary does not create an attorney-client or legal adviser relationship. If you have specific questions, please consult a qualified attorney licensed in your jurisdiction.

This glossary post was last updated: 29th March, 2024.

Cite Term

To help you cite our definitions in your bibliography, here is the proper citation layout for the three major formatting styles, with all of the relevant information filled in.

  • Page URL:https://dlssolicitors.com/define/motion-for-a-summary-judgement/
  • Modern Language Association (MLA):Motion For A Summary Judgement. dlssolicitors.com. DLS Solicitors. April 29, 2024 https://dlssolicitors.com/define/motion-for-a-summary-judgement/.
  • Chicago Manual of Style (CMS):Motion For A Summary Judgement. dlssolicitors.com. DLS Solicitors. https://dlssolicitors.com/define/motion-for-a-summary-judgement/ (accessed: April 29, 2024).
  • American Psychological Association (APA):Motion For A Summary Judgement. dlssolicitors.com. Retrieved April 29, 2024, from dlssolicitors.com website: https://dlssolicitors.com/define/motion-for-a-summary-judgement/