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

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