When a “question of fact” exists, a trial is often needed. It is improper for a Court to decide factual disputes without a trial, particularly on a motion to dismiss or for summary judgment. But, when does a “question of fact” exist? It exists in one of three situations. “A factual question exists if [1]…
Legal Articles
Motions for Judgment on the Pleadings
Though they are not nearly as common as “ordinary” motions to dismiss or a motion for summary judgment, motions for judgments on the pleadings are occasionally filed. They usually only occur when a party admits certain facts in the pleadings and those admissions are conclusive. Under Rule 55.27(b), any party may move for a judgment…
Ultimate Facts, Material Facts, Evidentiary Facts
Depending on the context — eg, pleadings, summary judgment, motions to dismiss, jury instructions — cases use the phrases “ultimate fact,” “material fact,” and “evidentiary fact.” The distinctions are subtle but legally important. A “material fact” and an “ultimate fact” generally mean the same thing. “Ultimate facts are those the jury must find to return…