11:44
that sucks :(
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Simple English definitions for legal terms
summary-judgment motion
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A quick definition of summary-judgment motion:
A summary-judgment motion is a request made to a court to make a decision without a trial because there is not enough evidence to support a verdict in the non-moving party's favor. The party making the motion must show that there is no evidence on an essential part of the other party's claim, and then the burden shifts to the other party to produce evidence that raises a genuine fact issue. If a party makes a motion for summary judgment on their own claim or defense, they must establish each element of the claim or defense as a matter of law.A more thorough explanation:
A summary-judgment motion is a request made to the court to enter a judgment without a trial because there is no genuine issue of material fact to be decided by a fact-finder. This means that the evidence presented is legally insufficient to support a verdict in the nonmovant's favor.
For example, if a defendant believes that there is no evidence to support the plaintiff's claim, they can file a summary-judgment motion. The defendant must point out in their motion the absence of evidence on an essential element of the plaintiff's claim. The burden then shifts to the plaintiff to produce evidence raising a genuine fact issue. If the plaintiff fails to do so, the court may enter a judgment in favor of the defendant without a trial.
It's important to note that if a party moves for summary judgment on their own claim or defense, they must establish each element of the claim or defense as a matter of law.
Overall, a summary-judgment motion is a way to resolve a case quickly and efficiently when there is no genuine issue of material fact to be decided by a fact-finder.