![]() The decision usually depends on the lawyer, the client, and the nature of the case.Ī motion for summary judgment can be a very effective tool when used properly. Other lawyers like to take their clients. Because of this, some lawyers don’t bother taking their clients to the hearing. Sometimes the judge will require additional time to make a decision and the parties will be notified days or weeks later.Ī hearing on a motion for summary judgment doesn’t involve oral testimony. The judge may ask some questions and at the end of the hearing the judge will grant or deny the motion. Once the motion and response has been filed, the judge will read both and then preside over a hearing.Īt the hearing, each party will be given a certain amount of time to reiterate their argument in front of the judge. ![]() ![]() What happens during a motion for summary judgment hearing? The court has a great deal of discretion in determining whether to grant such a request. If the non-moving party doesn’t believe they’ve had enough time to uncover the facts of the case, the party can ask the court for a “continuance” to permit additional discovery. Accept that there are no disputed facts, but dispute the movant’s recitation of the law.Show that there’s a disputed fact (this can be done by producing evidence), or.In responding to a motion for summary judgment, the non-moving party must do 1 of 2 things: The memorandum in support of the motion (a memo explaining why the court should rule in the movan’t favor).Įnjuris tip: You can view a sample response to a motion for summary judgment that was filed in federal court here.The motion (a written request for the court to rule in the movant’s favor).What does the motion for summary judgment actually look like?Ī motion for summary judgment consists of 2 parts: Depending on the state, this deadline is set forth in the case scheduling order (an order signed by the court listing various deadlines) or the local rules of civil procedure. The movant must file their motion for summary judgment with the court by a specific date. How does a motion for summary judgment get started? The case would therefore proceed to trial as normal. In the above example, the judge would likely deny John’s motion for summary judgment because there’s a disputed material fact (whether Linda ran the red light and caused the accident). Linda’s attorney responds to the motion by producing a statement from a different witness saying that the witness saw Linda stop at the red light. John’s attorney files a motion for summary judgment. He does have a statement from a witness who says they saw Linda run the red light. John argues that Linda ran a red light and caused the accident, but John doesn’t have a video. Now let’s take a look at the same example with a slightly different twist: Keep in mind that the parties might still need to litigate the issue of damages (i.e., the amount of money Linda owes John). As a result, there would be no need to litigate the issue of liability. In other words, because Linda ran the red light and caused the accident, she’s liable under the law of negligence.īased on the above example, a judge would likely grant John’s motion for summary judgment. In light of the undisputed facts, John is entitled to judgment under the applicable law.In other words, Linda can’t produce any evidence that raises any doubt that she ran the red light and caused the accident. There are no material facts that can be reasonably disputed.John’s attorney files a motion for summary judgment claiming that: John happens to have a video of Linda running the red light and crashing into him. John says that Linda ran a red light and caused the crash. ![]() In light of the undisputed facts, the movant is entitled to judgment under the applicable law.įor non-lawyers, this can all be a little confusing.That there are no material facts that can be reasonably disputed, and.Either way, the movant must prove two things to be successful: The party making the motion (called the “movant”) can be the plaintiff or the defendant. But what if the important facts of a case aren’t disputed?Ī motion for summary judgment is a request made by a party asking the court to decide all or part of a lawsuit without going to trial because there’s no dispute about the key facts of the case. Lawsuits generally go to trial because the parties disagree about the facts of a case. For example, a motion might ask the court to prohibit a piece of evidence from being considered at trial or it might request that the court move the case to another venue. ![]() In the legal world, a “motion” is a written request asking the court to make some sort of decision related to a case. Because of its potential impact on a case, it’s important that you understand how this type of motion works. One of the most significant motions is a motion for summary judgment (sometimes simply called an “MSJ”). ![]()
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