Summary Judgment

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Definition: Summary Judgment


Summary Judgment

Quick Summary of Summary Judgment


A final decision by a judge that resolves a lawsuit in favour of one of the parties. A motion for summary judgment is made after discovery is completed but before the case goes to trial. The party making the motion marshals all the evidence in its favour compares it to the other side’s evidence, and argues that a reasonable jury looking at the same evidence could only decide the case one way- for the moving party. If the judge agrees, then a trial would be unnecessary and the judge enters judgment for the moving party.




Full Definition of Summary Judgment


A summary judgment is a decision made by the court based on the presented evidence without the case going to trial. Summary judgments are made if there is no genuine issue of material fact that would make a trial necessary, the party making the Motion for Summary Judgment is entitled to judgment under the law and the evidence demonstrates that “reasonable minds” could only find in favour of the party making the Motion for Summary Judgment.

The court will not make a Motion for Summary Judgment if there are issues which need to be heard through the trial process. To make this decision the judge views the evidence (pleadings, depositions, answers to interrogatories, written admissions, affidavits, transcripts of evidence) in a way that is most favourable to the party that has not asked for Summary Judgment. Motion for Summary Judgments must be filed within a specified time period before a trial start date. Once the motion is filed, the other side has 14 days to respond to the Motion for Summary Judgment. Failure to respond will allow the court to rule in favour of the motion.


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Definition Sources


Definitions for Summary Judgment are sourced/syndicated and enhanced from:

  • A Dictionary of Economics (Oxford Quick Reference)
  • Oxford Dictionary Of Accounting
  • Oxford Dictionary Of Business & Management

This glossary post was last updated: 23rd April, 2020 | 0 Views.