20:49
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LSDefine
Simple English definitions for legal terms
summary adjudication
Read a random definition: ICPC
A quick definition of summary adjudication:
Summary adjudication is a way for a court to decide if a certain part of a legal case is true or not before the trial. This can save time and money. It can be asked for by either side and is often used in California. To get summary adjudication, the part of the case being decided must be completely settled. This means that all the parts of that part of the case must be proven or denied. Summary adjudication is different from summary judgment because it only decides some parts of the case, not the whole thing.
A more thorough explanation:
Summary adjudication is a legal process that allows a court to decide on the merits of a specific issue or claim before a trial. It is a pre-trial procedure that can be initiated by either party through a motion. The purpose of summary adjudication is to reduce the cost and length of litigation by resolving selected issues, leaving the remaining ones to be settled at trial.
For example, in a breach of contract case, summary adjudication can be used to determine whether there was a breach of contract or not. If the court finds that there was no breach of contract, then the case may be dismissed. However, if the court finds that there was a breach of contract, then the issue of damages may still need to be determined at trial.
It is important to note that summary adjudication can only be granted if it completely disposes of a cause of action, an affirmative defense, a claim for damages, or an issue of duty. This means that all elements of a cause of action must be proven or denied for summary adjudication to be granted.
Summary adjudication is commonly used in California's civil procedure, and the statutes that govern motions for summary adjudication state that a motion for summary judgment shall be granted only if it completely disposes of a cause of action, an affirmative defense, a claim for damages, or an issue of duty.
Overall, summary adjudication is a useful tool for parties to resolve specific issues or claims before a trial, which can save time and money in the litigation process.