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• Judgment meaning trial#

Burden of Proof in a Motion for Summary Judgment In the event a summary judgment is denied, the case continues through the legal system until the parties settle, or the matter is determined at trial. This motion is used when there are no disputed questions of fact to be decided by a judge or jury. A summary judgment cannot be used to determine which party would prevail at trial, as the judge cannot determine the validity of evidence or credibility of witnesses.

It is not necessary for the opposing party to prove his side of the story, but only to show there is a dispute as to the facts.įinally, the judge must determine whether the law, as it applies to the facts that are undisputed, merits a judgment in favor of the moving party. When a motion for summary judgment is submitted, the opposing party has the opportunity to file a rebuttal, introducing evidence to contradict the moving party’s version of the issues and facts.

These are (1) there are no genuine issues of material fact to be tried, and (2) the moving party is entitled to judgment in its favor as a matter of law.

Judgment meaning trial#

In considering a motion for summary judgment, the trial court judge must determine whether the required criteria have been met. Requirements for the Granting of a Summary Judgment In addition to showing that there are no disputed facts, the moving party attempts to persuade the court to make a judgment in its favor. This is done through the motion itself, which clearly and plainly sets out all of the issues, facts, and evidence, as well as the submission of evidence, testimony garnered through sworn affidavits and depositions, interrogatories, and admissions. The party filing a motion for summary judgment attempts to demonstrate to the court that there are no material facts that need to be ferreted out through trial, and so a trial is unnecessary. The purpose of requesting a summary judgment is to avoid an unnecessary, often expensive trial. A decision handed down by a judge or court of law without the need of a trial.ġ250-1300 Middle English jugement Filing a Motion for Summary Judgment.