Summary judgment is a legal decision made before a trial if there are no disputed facts in a case. Either party can file for it, and supporting evidence is required. If granted, it saves time and money, but it can be appealed.
A summary judgment is a legal judgment that is made before a trial takes place, on the grounds that there are no actionable issues of fact in the case. Judges can also issue a partial summary judgment, for example, ruling that someone is actually responsible for something, but remanding the case to trial to determine the amount of damages. A motion for summary judgment can be filed by either party in a case, and a judge can also determine that there are no actionable issues of fact in a case and provide summary judgment.
For a judge to consider a summary judgment, the filing party, known as the movant, must demonstrate that there are no disputed facts in the case and that the movant has a right to judgment. Sometimes both parties file a request for summary judgment. Supporting documentation such as deposition extracts, statements from both parties, and other evidence is used to demonstrate that no facts are in dispute and that therefore a process to evaluate the facts would not be required.
If the facts of a case are not in dispute, skipping a trial can save time and money. The judge must carefully evaluate the information to confirm that neither party would be compromised if a trial had not taken place; the purpose of summary judgment is not to trample on the legal right to a trial. If the judge agrees that the motion for summary judgment is reasonable, the information will be weighed and the judge will make a decision.
People may request a summary judgment when they feel the facts are not in dispute and want to be assured of a victory, which may not necessarily be the case if the matter went to trial. Both parties may also agree to file because they feel that a trial would not be productive and that it is better to decide the matter quickly than to go through the process of a trial. If the judge rejects the motion for summary judgment, the case will go to trial.
Like other legal decisions, the ruling can be appealed. Appeals can be filed if anyone believes the judgment was unfair, or if new evidence emerges that suggests the details of the case are more complicated than originally believed. The appeals process may involve the legal representation itself or a new legal team.
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