The judge will make a decision, either orally at the hearing or in a written order or opinion. Parties may appeal final decisions or orders.
The judge may schedule oral argument on the motion, where the attorneys will have to appear in court and verbally explain their position. 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 o. The attorney will then argue in writing why the case should be resolved without a trial. If one party files a motion, the other party will have a chance to file a written response. These motions are filed with supporting papers called briefs (often very long and not brief at all) that explain the parties’ legal arguments and attach supporting evidence as exhibits. Preparation of dispositive motions usually requires an attorney to spend time doing legal research to gather the law that applies to the facts of the particular case. 1This document provides a sample of a motion for summary judgment that sufficiently complies with the requirements of the Practice Standards of Judge Krieger.
#MOTION FOR SUMMARY JUDGMENT TRIAL#
These types of motions ask the court to decide the case without a trial based on the papers filed with the court.
At certain times in a lawsuit and depending upon which court the case was filed in, parties may file dispositive motions-motions to dismiss, motions for summary disposition, or motions for summary judgment. But many civil lawsuits are resolved not by trial but by motion. In most television shows and movies about civil (non-criminal) lawsuits, the case is resolved after a dramatic trial.
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