Summary disposition, also referred to as summary judgement, is a court decision that is made when there is no disagreement regarding the facts of a case and the applicable law is evident. This enables a swift resolution of the case without the requirement of a trial. The court examines the evidence presented by both parties to ascertain if there is a legitimate factual dispute or if the case can be resolved solely based on the law. In certain instances, a partial summary judgement may be issued, addressing only a portion of the case.
Summary disposition, also known as summary judgement, is a legal term used to describe a type of judgement that is granted when there is no genuine issue of material fact in a claim or defence. This allows for a quick resolution of a dispute without the need for a trial. The court examines the pleadings, motions, and additional evidence provided by the parties to determine if there is a genuine issue of material fact or law. For instance, if a defendant can prove that they never entered into a contract with the plaintiff in a breach of contract case, the court may grant summary judgement in favor of the defendant. Similarly, if a defendant in a personal injury case can demonstrate that the plaintiff was responsible for their own injuries, the court may grant summary judgement in favor of the defendant. Partial summary judgement is a variation of summary judgement that addresses specific issues in a case and resolves only a portion of the overall dispute. For example, if a defendant can prove that they fulfiled part of a contract in a breach of contract case, the court may grant partial summary judgement in favor of the defendant for that particular portion of the contract.
Summary disposition is a legal procedure used to resolve a case without a trial. It involves a judge making a decision based on the evidence presented by the parties.
Summary disposition can be used when there is no genuine issue of material fact and the moving party is entitled to judgment as a matter of law.
Either party can file a motion for summary disposition.
The standard of review is de novo, which means the appellate court will review the case as if it were new.
If the judge grants a motion for summary disposition, the case is resolved without a trial and the moving party is awarded judgment.
Yes, a party can appeal a decision on a motion for summary disposition.
Summary disposition is appropriate for cases where the facts are not in dispute and the legal issues can be resolved without a trial.
The time it takes to get a decision on a motion for summary disposition varies depending on the court and the complexity of the case.
Yes, a party can request oral argument on a motion for summary disposition.
Summary disposition is a broader term that includes summary judgment. Summary judgment is a type of summary disposition that is used specifically in cases where there is no genuine issue of material fact and the moving party is entitled to judgment as a matter of law.
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: 16th April 2024.
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