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What Is a Summary Judgment?

There are instances wherein a judge may render a judgment on facts or matters that cannot be contested in a court trial. Such a judgment is called a summary judgment and may discuss the merits or specific issues of a case before a full trial has been executed.

The summary judgment given by the judge may be complete or partial in that it only admits certain facts. A partial judgment may be found in the admission that there is liability, but it is still necessary to determine through trial what damages correspond to such a liability.

Before a summary judgment can be made, a party involved in litigation must make a motion requesting for a summary judgment. This party is referred to as a movant or moving party. It is common for a party to request for such a motion in conjunction with the filing of his or her request for admissions, which entails the opposing party to admit or deny certain facts in relation to the case. In order for a movant to be successful in obtaining a summary judgment, it is necessary that he or she provide proof of the violations or facts in the citing the exact laws which have been violated or the testimonies or evidence that corroborate such facts.

The court can only issue a summary judgment if it fulfills 2 conditions. The first in that it does not find a trial necessary to resolve matters concerning material fact, and the second in that the application of the law to admissible and undisputed facts entitles a single party to judgment.

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