A summary judgment is when one party prevails in a lawsuit without going through a trial. There are two general requirements. First, there must be no dispute over materials facts. Second, based on those undisputed material facts, one party must legally be entitled to judgment. When a motion for summary judgment is denied, a trial…
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…
Adequate Period of Time for Discovery, Summary Judgment
A summary judgment is essentially a trial without having to go through the “traditional” in-person trial process. It is typically entered for one party where based on certain undisputed facts that party is legally entitled to a judgment in his, her or its favor. Procedurally, however, a “motion for summary judgment should be denied, or…
Summary Judgment on Undue Influence, Incapacity Cases
Summary judgment disposes of a claim without a trial in any number of circumstances. It is rare, however, for a claim involving incapacity or undue influence — particularly in the context of a will contest or trust contest — to be disposed of on summary judgment. Summary judgment is rarely appropriate in cases involving proof…
Requests for Additional Discovery Pending a Summary Judgment Motion
A party can typically only move for summary judgment in federal court after there has been an adequate time for discovery. What is “adequate” depends on the bases of the motion for summary judgment and how long the case has been pending. If a motion for summary judgment is filed, but more discovery needs to…
Evidence on Summary Judgment
In simple terms, summary judgment can occur when there is no dispute about the key facts and one party wins because the law mandates that they prevail in light of those key, undisputed facts. Summary judgment is not a trial with a judge or jury where facts are determined. Granting summary judgment, however, usually disposes…