CIVIL LAW - MOTION FOR SUMMARY JUDGMENT (OR IN THE ALTERNATIVE, SUMMARY ADJUDICATION) - A Motion for Summary Judgment asks a court to rule in favor of one party without a full trial, arguing that there are no genuine disputes of material fact and the moving party is entitled to judgment as a matter of law. (Federal & State Courts where such a motion allowed).
The primary goal of a Motion for Summary Judgment is to avoid a full trial by demonstrating to the court that there are no genuine issues of material fact that need to be resolved at trial.
How it works:
- The moving party (the party filing the motion) must demonstrate that there is no genuine dispute as to any material fact.
- The court will examine the pleadings and evidence to determine if a trial is necessary.
- If the court agrees that there are no genuine issues of material fact and the moving party is entitled to judgment as a matter of law, it will grant the motion and issue a Summary Judgment.
If a motion for summary judgment is granted, the court issues a judgment in favor of the moving party without a full trial.
In the Federal Court system, the rules for a motion for Summary Judgment are found in Federal Rule of Civil Procedure Rule 56.
Does not include any State or Federal Court Fees or any Third-Party Costs such as Process Server or E-Filing Fees.
CIVIL LAW - MOTION FOR SUMMARY JUDGMENT (Nationwide)
CIVIL LAW - MOTION FOR SUMMARY JUDGMENT (OR IN THE ALTERNATIVE, SUMMARY ADJUDICATION) - A Motion for Summary Judgment asks a court to rule in favor of one party without a full trial, arguing that there are no genuine disputes of material fact and the moving party is entitled to judgment as a matter of law. (Federal & State Courts where such a motion allowed).
The primary goal of a Motion for Summary Judgment is to avoid a full trial by demonstrating to the court that there are no genuine issues of material fact that need to be resolved at trial.
How it works:
- The moving party (the party filing the motion) must demonstrate that there is no genuine dispute as to any material fact.
- The court will examine the pleadings and evidence to determine if a trial is necessary.
- If the court agrees that there are no genuine issues of material fact and the moving party is entitled to judgment as a matter of law, it will grant the motion and issue a Summary Judgment.
If a motion for summary judgment is granted, the court issues a judgment in favor of the moving party without a full trial.
In the Federal Court system, the rules for a motion for Summary Judgment are found in Federal Rule of Civil Procedure Rule 56.
Does not include any State or Federal Court Fees or any Third-Party Costs such as Process Server or E-Filing Fees.