Motion For A Summary Judgment Definition and Legal Meaning

On this page, you'll find the legal definition and meaning of Motion For A Summary Judgment, written in plain English, along with examples of how it is used.

What is Motion For A Summary Judgment?

(n) Motion For A Summery Judgment is the formal request made to the judge to issue an order stating that the factual and legal issues can be decided based on the testimony, admissions etc made out of the court by the parties. This motion is adopted when triable issues are not existing between the parties

History and Meaning of Motion For A Summary Judgment

A motion for a summary judgment is a legal tool that allows parties involved in a lawsuit to seek an early resolution of the case by requesting the judge to decide the case without a trial, based on the evidence that has already been presented. The motion is granted when there are no disputed material facts at play, meaning both parties agree on the essential facts of the case, and the legal issues are straightforward. The motion has its roots in the common law system and is now widely used in various jurisdictions.

Examples of Motion For A Summary Judgment

  1. A defendant in a personal injury case files a motion for a summary judgment, claiming that there is no evidence that their actions caused the plaintiff's injuries.
  2. A plaintiff in a breach of contract case files a motion for a summary judgment, arguing that the defendant has not fulfilled their contractual obligations, and there is no dispute over the facts of the case.
  3. A defendant in a trademark infringement case files a motion for a summary judgment, asserting that the plaintiff does not have a valid trademark, and there is no likelihood of confusion.

Legal Terms Similar to Motion For A Summary Judgment

  1. Motion to dismiss: a request made by a party to dismiss a case entirely, usually because of lack of jurisdiction or improper service of process.
  2. Motion for judgment on the pleadings: a request made by a party to judge a case based on the contents of the pleadings, without any additional evidence.
  3. Motion for default judgment: a request made by a plaintiff to judge a case in their favor because the defendant failed to respond or defend themselves against the claims.