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Simple English definitions for legal terms
Motion For Summary Judgment
Read a random definition: action for declarator
A quick definition of Motion For Summary Judgment:
A motion for summary judgment is a request to the court to make a decision on a claim without having a trial. The motion must show that there are no important facts in dispute and that the opposing party would lose even if all their allegations were true. This is done by presenting evidence and legal arguments to the court.
A more thorough explanation:
Definition: A motion filed with the court that requests a decision to be made on at least one claim without holding a trial. The motion must show that there are no genuine issues of material fact and that the opposing party loses on that claim even if all its allegations are accepted as true. If granted, a summary judgment is issued.
Example: In a personal injury case, the defendant may file a motion for summary judgment claiming that the plaintiff cannot prove that their injuries were caused by the defendant's actions. The defendant would need to provide evidence to support their claim and show that there are no genuine issues of material fact. If the motion is granted, the case would be dismissed without going to trial.
Example: In a breach of contract case, the plaintiff may file a motion for summary judgment claiming that the defendant failed to fulfill their obligations under the contract. The plaintiff would need to provide evidence to support their claim and show that there are no genuine issues of material fact. If the motion is granted, the court would issue a summary judgment in favor of the plaintiff.
These examples illustrate how a motion for summary judgment can be used in different types of cases to request a decision without going to trial. The party filing the motion must provide evidence to support their claim and show that there are no genuine issues of material fact.