What is a motion for a summary judgment?


Quick Answer

A motion for summary judgement is a motion filed with the court asking the court to dispose of all or some of the issues surrounding a court case, Free Advice explains. If an issue or a case is decided by summary judgment, those issues are not allowed to go to trial before a jury or judge, the Cochran Firm notes.

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Full Answer

Typically, a motion for summary judgement has three parts, FindLaw states. The first is a version of the facts, usually attached to the motion with witness statements and other evidence that backs up those statements. From there, a memorandum of law is outlined that discusses cases and statutes that govern the parties. This is an attempt to prove to the judge that the law clearly shows the motion should be granted. The last part is the anticipation of what the opposing party will argue.

The opposing party responds by either showing the arguments about the law were incorrect or providing evidence that there's more than one version of the facts at hand, FindLaw reports. The judge then decides by reviewing all of the papers and supporting evidence presented. A judge can grant the motion by stating the arguments about the law were correct, even if the opposing party's version of the facts were true, or the judge can deny the motion if the evidence presented indicates that the questions of fact should be argued at trial.

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