motion for summary judgment


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motion for summary judgment

n. a written request for a judgment in the moving party's favor before a lawsuit goes to trial and based on recorded (testimony outside court) affidavits (or declarations under penalty of perjury), depositions, admissions of fact, answers to written interrogatories (written questions), claiming that all factual and legal issues can be decided in the moving party's favor. These alleged facts are accompanied by a written legal brief (points and authorities) in support of the motion. The opposing party needs to show by affidavits or written declarations, or by points and authorities (written legal argument in support of the motion) that there are "triable issues of fact" and/or of law by points and authorities. If there are any triable issues the motion must be denied and the case can go to trial. Sometimes, if there are several claims (causes of action) such a motion may cause the judge to find (decide) that some causes of action can be decided under the motion, leaving fewer matters actually to be tried. The paper work on both sides is complex, burdensome and in many states, based on strict procedures. (See: motion)

References in periodicals archive ?
In that case, the Court held that a district court's order denying a defendant's motion for summary judgment based on qualified immunity was immediately appealable, in part, because one important purpose of "qualified immunity" was to protect public officials, not simply from liability but also from standing trial.
In any event, even if one party's joinder in another party's motion for summary judgment was, arguendo, permissible, in this case the hospital tailed to establish its entitlement to summary judgment.
In making its Motion for Summary Judgment, the City claimed that the commanding officers within the LAPD were not aware of such an "unwritten policy" and did nothing to enforce such a policy.
The court reversed the trial court's order denying the defendants' motion for summary judgment on all remaining claims.
Therefore, we posited that such conflicting and highly suspect allegations by the grandson could not serve to raise a triable issue of fact and, therefore, defeat our motion for summary judgment.
The Superior Court granted the hospital's motion for summary judgment.
An inmate brought a [section] 1983 action against prison officials after being shot during a prison riot The district court denied the officials' motion for summary judgment on qualified immunity grounds and they appealed.
The Tax Court granted the taxpayers' motion for summary judgment and the IRS appealed the summary judgment to the Fifth Circuit Court of Appeals.
8, 1992, the court, after acknowledging that BAPCO had a valid copyright on its yellow pages directories as mandated by the Donelley decision, denied BAPCO's motion for summary judgment which claimed that ABI had infringed BAPCO's copyright.
Presently, the City of Santa Monica's Motion for Summary Judgment for the vicarious liability claim for negligently hiring people to properly barricade the market is still under submission with the Court.
On the same day, the defendant hospital designated an expert and filed a motion for summary judgment.
An inmate brought a [ss] 1983 action against prison officials after being shot during a prison riot The district court denied the officials' motion for summary judgment on qualified immunity grounds and they appealed.