summary judgment

created by Lord Brawl
(thing) by everyone (5.7 mon) (print)   (I like it!) Sun Jul 20 2003 at 11:49:16

A decision made by the judge at a pre-trial court hearing in a civil case, which ends the case without a trial. It is used when the facts and evidence of the case are not in dispute, and judgment can be made for one party purely as a matter of law. Typically the request for summary judgment is made by the defendant. It may be directed at all, or only part, of a claim.

It is usually granted if the judge finds that "no genuine issue of material fact exists" that could be resolved in a trial.

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