Requirements for the Granting of a Summary Judgment In considering a motion for summary judgment, the trial court judge must determine whether the required criteria have been met. 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.
The party making a motion for summary judgment bears the burden of proof in showing that a summary judgment is proper. This is true even if the party is the defendant in the matter, and so would not have the burden of proof at trial.
The case is Bickerstaff v. SunTrust Bank, Civil File No. 10-EV-010485-H. The lawsuit alleges that certain of SunTrust’s Overdraft Fees constitute illegal interest and asserts claims for usury, conversion, and money had and received.
This motion is used when there are no disputed questions of fact to be decided by a judge or jury. 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.
Below is a defendant's motion for summary judgment in a case we handled in West Virginia a few years back. Our client, the husband of a deceased medical doctor, brought a wrongful death medical malpractice lawsuit against a hospital and several doctors and nurses.
A motion for summary judgment is a request to end a case without a trial. Filing or responding to a motion for summary judgment involves gathering the necessary support documents, including but not limited to declarations, affidavits, depositions, admissions, and answers to interrogatories. Learn more.
Civil Lawsuit Basics: Motions for Summary Judgment Presented by Sandra Levin Executive Director LA Law Library October 22, 2016
Case Dismissal. If the plaintiff fails to retain a qualified expert who will testify that the defendant committed malpractice, then the defense can bring a motion for summary judgment asking the court to dismiss the plaintiff's case because the plaintiff cannot prove the case with an expert.
Filing a Motion for Summary Judgment. The purpose of requesting a summary judgment is to avoid an unnecessary, often expensive trial. 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.
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. This motion is used when there are no disputed questions of fact to be decided by a judge or jury. In the event a summary judgment is denied, the case continues through ...
If the defendant can either disprove one element essential to the case, or show that the plaintiff has no evidence to support an essential element, all of the other elements may be considered immaterial or irrelevant, and a summary judgment granted.
The party making a motion for summary judgment bears the burden of proof in showing that a summary judgment is proper. This is true even if the party is the defendant in the matter, and so would not have the burden of proof at trial. The court examines all of the evidence presented with the motion, as well as any evidence presented by the opposing party in its rebuttal, with a bias toward the opposing party. The summary judgment may be granted if the moving party has convinced the judge that the opposing party has either no evidence to support its case, or that the evidence is not sufficient to meet its burden of proof at trial.
Because the plaintiff in any case has the burden to prove all of the stated elements of his case, a defendant may be successful in obtaining a summary judgment by attacking only one key element of the plaintiff’s case. If the defendant can either disprove one element essential to the case, or show that the plaintiff has no evidence to support an essential element, all of the other elements may be considered immaterial or irrelevant, and a summary judgment granted.
A summary judgment is a decision made by the court on the basis of evidence and statements presented in the documents and legal pleadings filed with the court, without a full trial. Summary judgment, also referred to as “judgment as a matter of law,” may be requested by the submission of a motion for summary judgment by either party. The motion must show that there are no triable issues of fact, and that the party making the motion for summary judgment, the “moving party,” is entitled to a judgment in his favor as a matter of law. Summary judgment may be granted on the entire case, or a partial judgment may be entered on certain issues. To explore this concept, consider the following motion for summary judgment definition.
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.
Filing a Motion for Summary Judgment. The purpose of requesting a summary judgment is to avoid an unnecessary, often expensive trial. 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.
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. This motion is used when there are no disputed questions of fact to be decided by a judge or jury. In the event a summary judgment is denied, the case continues through ...
If the defendant can either disprove one element essential to the case, or show that the plaintiff has no evidence to support an essential element, all of the other elements may be considered immaterial or irrelevant, and a summary judgment granted.
The party making a motion for summary judgment bears the burden of proof in showing that a summary judgment is proper. This is true even if the party is the defendant in the matter, and so would not have the burden of proof at trial. The court examines all of the evidence presented with the motion, as well as any evidence presented by the opposing party in its rebuttal, with a bias toward the opposing party. The summary judgment may be granted if the moving party has convinced the judge that the opposing party has either no evidence to support its case, or that the evidence is not sufficient to meet its burden of proof at trial.
Because the plaintiff in any case has the burden to prove all of the stated elements of his case, a defendant may be successful in obtaining a summary judgment by attacking only one key element of the plaintiff’s case. If the defendant can either disprove one element essential to the case, or show that the plaintiff has no evidence to support an essential element, all of the other elements may be considered immaterial or irrelevant, and a summary judgment granted.
A summary judgment is a decision made by the court on the basis of evidence and statements presented in the documents and legal pleadings filed with the court, without a full trial. Summary judgment, also referred to as “judgment as a matter of law,” may be requested by the submission of a motion for summary judgment by either party. The motion must show that there are no triable issues of fact, and that the party making the motion for summary judgment, the “moving party,” is entitled to a judgment in his favor as a matter of law. Summary judgment may be granted on the entire case, or a partial judgment may be entered on certain issues. To explore this concept, consider the following motion for summary judgment definition.
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.