motion for summary judgment


Also found in: Dictionary, Thesaurus, Acronyms.
Related to motion for summary judgment: summary judgement

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 ?
Walters's Rule 41 notice was filed before Trustee Services served either an answer or motion for summary judgment, and Walters is entitled to dismiss sua sponte her claims against Trustee Services without prejudice.
Inc.'s Motion for Summary Judgment, or in the Alternative, Partial
All else being equal, I prefer summary judgment motions." In saying so, you will be echoing the sentiments of those who drafted Florida's rule on motions to strike sham pleadings: "The falseness of material determinative matter is probably better determined by motion for summary judgment and in accordance with the rules pertaining to such a motion, in order to obtain a final judgment." (16)
"Reply Memorandum in Support of Defendants' Motion for Summary Judgment and in Opposition to Plaintiffs' Cross-Motion for Summary Judgment on Counts II & IV (Recordkeeping and Archivist's Duties)." 8 August 1992.
Loepere predicts that the court won't rule on the government's lion to dismiss until after it has reviewed AHCA's motion for summary judgment. In a best-case scenario, the association hopes to win a declaratory judgment that the rule is invalid and an injunction halting HHS's Secretary from imposing the rule.
All factors considered, the court of appeals concluded that the checkpoint in question passed the Sitz balancing test and granted defendant's motion for summary judgment. The United States Supreme Court subsequently refused Maxwell's request for review and the dismissal granted by the court of appeals was permitted to stand.(21)
The denial of the Officers' motion for summary judgment is REVERSED and REMANDED with instructions to the district court to enter judgment for the Officers on the Estate's Fourth Amendment claim.
The Carter defendants filed various motions to dismiss, and then filed oppositions to the United States' motion for summary judgment.
While the Civil Court purported to "grant" plaintiff's motion for summary judgment "to the extent that plaintiff has established the proper submission of bills to defendant (with a reasonable justification for the late submission)," this was not an award of partial summary judgment as contemplated by CPLR 3212 (e).
COURT'S OPINION: The Supreme Court of New York, Kings County, ruled that the portion of the Center's motion for summary judgment regarding the decedent's sacral ulcer be granted, and the remainder of the defendant's motion for summary judgment be denied.
The trial court denied the defendants' motion for summary judgment. The defendants appealed.
The trial court dismissed the employer's motion for summary judgment. The nurse appealed.