During the litigation process, one or both parties will frequently attempt to dismiss particular matters from the case using a procedural device known as a motion for summary judgment. As the name suggests, the motion for summary judgment is a motion submitted by one of the parties seeking a summary judgment on all or part of the case. An issue or case settled through summary judgment may not be forwarded to a judge or jury at trial. In other words, a petition for summary judgment is a way to resolve an issue or the entire case without going to trial. To learn more, speak to a Stockton car accident attorney today.
Most countries require that the party moving for summary judgment demonstrate that there are no real questions of fact and that the moving party is entitled to judgment as a matter of law for the court to give summary judgment. In layman’s words, the indisputable facts presented in a particular case empower one party to win because of the current legislation about that topic.
Suppose the plaintiff fails to obtain a qualified expert to attest that the defendant committed malpractice. In that case, the defense may file a motion for summary judgment, requesting that the court dismiss the case of the plaintiff since they can not prove the case with the help of an expert. Because most statutes demand expert testimony, if the opposite party does not have such an expert, a party is entitled to judgment as a matter of law.
If both parties disagree on a material fact, the court cannot award a summary decision. As a result, it is optional to demonstrate victory on the issue while contesting a summary judgment. You must only prove that a genuine, as opposed to a frivolous, factual issue exists. Furthermore, most statutes give the nonmoving party the benefit of the doubt as to whether a material issue of facts arises. As a result, in a close case, the individual seeking summary judgment frequently loses.
A party may utilize all of the material gathered during the discovery phase of the action to support a motion for summary judgment, including, but not limited to, deposition testimony, replies to interrogatories, and answers to requests for production. Affidavits from experts may also be used by the parties to support or oppose the request for summary judgment.
If the motion is granted, the ruling on the issue or matter is considered final, and a party may file an appeal. The court of appeals has the authority to overturn the grant of summary judgment and reopen the case in the lower court. Nonetheless, this is uncommon, and most summary decisions are maintained on appeal.