motion for summary judgment


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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 ?
The case was removed to federal court where the court granted in part and denied in part the defendants' motion for summary judgment.
When a court rules that there is a potential for coverage in a partial motion for summary judgment the issue of duty to defend is established.
A motion for summary judgment is properly granted if all the papers submitted establish that there is no triable issue of material fact and the moving party is entitled to judgment as a matter of law.
Ordinarily, if the nurses were represented by counsel and/or had their own professional liability insurance, that attorney would have either prepared a separate motion for summary judgment on behalf of the nurses.
The trial court concurred and granted ADVO's motion for summary judgment dismissing the case.
When the district court denied the motion for summary judgment, the county immediately appealed.
Further, under the circumstances of this case, plaintiff's counsel was entitled to rely on his affidavit in support of plaintiff's motion for summary judgment (see Zuckerman v New York, 49 NY2d 557, 563 [1980])
Kuczabski's motion for summary judgment dismissing the complaint insofar as asserted against him.
The court cited one case, among others, holding that it is error to grant summary judgment to a party based on its joinder in a motion for summary judgment filed by another party, Village Nurseries v.
Conversely, if a court is faced with making a decision on a motion for summary judgment wherein there is no genuine issue of material fact to be decided by a jury, the court should grant the motion for summary judgment.
The firm filed a motion for summary judgment, stating that Talley's second action was barred by the two-year statute-of-limitations period governing accountants, malpractice actions.
The motion for summary judgment for rent and liquidated damages was granted by the Federal District Court and affirmed by the Second Circuit Court of Appeals.