What is A Motion For Summary Judgement?

Q: What is a motion for summary judgment and what happens if the motion is allowed?

When a party moves for summary judgment, here the Defendant, they are opening the door for the court to find that a party is are entitled to a judgment as a matter of law.

What is A Motion For Summary Judgement?

3 Dec 2014

Litigation, Questions & Answers

QUESTION:

What is a motion for summary judgment, and what happens if the motion is allowed?

ANSWER:

When a party moves for summary judgment (here the Defendant) they are “opening the door” for the court to find that “a party” is are entitled to a judgment as a matter of law. Stated differently, “[s]ummary judgment, when appropriate, may be rendered against the moving party (here the Defendant). MCPR 56(c). “This is eminently logical. Because by definition the moving party is always asserting that the case contains no factual issues, the court should have the power, no matter who initiates the motion, to award judgment to the party legally entitled to prevail on the undisputed facts.” MCPR Reporter’s Notes. This is why filing a cross motion is unnecessary unless the summary judgment sought is “partial” or limited to an isolated issue(s) in the case.

Anyway, once a motion for summary judgment is filed all parties involved, including the non-moving party (you), can submit evidence to the court that seeks to accomplish one of the following objectives: 1) that there are disputed issues of material fact and thus summary judgment would be improper (a defense), OR 2) there are no disputed issues of material fact and said undisputed facts indicate that the non-moving party (you) is entitled to a judgment as a matter of law (an offensive position). Note that you cannot argue the former and latter as the existence of disputed material facts (argument 1) will preclude the court from allowing summary judgment (argument 2). Also, parties in superior court should be represented by a litigation attorney when possible. The superior court process is very formal and adherence of the procedural rules is essential to success.

If you need a trial or litigation lawyer to better understand how to fight a summary judgment, contact Calabrese Law today for a free consultation.

“This publication and their contents are not to be construed as legal advice nor a recommendation to you as to how to proceed. Please consult with a local licensed attorney directly before taking any action that could have legal consequences. These publications and there content do not create an attorney-client relationship and are being provided for general informational purposes only. See our Legal Notices page for more information concerning our Website Terms of Use and Disclaimers.”