What is Summary Judgment? Sample Summary Judgment

A summary judgment is a decision made on the basis of statements and evidence presented in the legal pleadings and documents filed, without a trial. It is used when there is no dispute as to the facts of the case, and one party is entitled to judgment as a matter of law. Summary judgment is properly granted when the evidence in support of the moving party establishes that there is no genuine issue of material fact to be tried. A material fact is one which tends to prove or disprove an element of the claim.

The motion for summary judgment may be brought by any party to the case and supported by declarations under oath, excerpts from depositions which are under oath, admissions of fact and other discovery, as well as case law and other legal authority. They argue that there are no triable issues of fact and that the settled facts require a summary judgment for the moving party.

Relevant legal forms include: Summary Judgment Template

• AOC-CVM-206; Judgment in Action for Expedited Summary Ejectment for Vacation Rental Agreement
• AOC-CVM-403; Judgment in Action for Summary Ejectment Criminal Activity
• Defendant's Response in Opposition to Plaintiffs' Motion for Partial Summary Judgment
• Plaintiffs' Motion for Partial Summary Judgment Against Defendants
• Divorce by Summary Judgment - Adult Children
• Divorce by Summary Judgment - No Children
• Motion for Summary Judgment for Absolute Divorce
• Divorce or Family - California Judicial Council Official Form
• Request for Judgment, Judgment of Dissolution of Marriage and Notice of Entry of Judgment (Family Law - Summary Dissolution)
• WPF PS 03.0250 - Motion for Summary Judgment on Parentage (MTSJG)
• WPF PS 03.0270 - Order Granting Motion for Summary Judgment (ORGSJ)
• Memorandum in Support of Motion for Summary Judgment by Defendant
• Response to Motion for Summary Judgment
• Motion for Summary Judgment
• Letters - Judgment
• Letter - Motion for Summary Judgment
• Letter - Opinions on Motions for Summary Judgment
• Letter - Defendants' Rebuttal Memorandum in Support of Defendants' Motion for Summary Judgment
• Letter to Client Concerning Hearing on Motion of Summary Judgment
• Letter to Include Memorandum Opinion on Summary Judgment Motion
• Letter - Response in Connection with Motions for Summary Judgment
• Letter - Order Granting Motion for Summary Judgment
• Letter - Proposed Order Granting Summary Judgment
• Motion to Reconsider Order on Motion for Summary Judgment
• Response to Motion to Reconsider Summary Judgment
• Response to Motion of Summary Judgment
• Motion for Summary Judgment
• Final Judgment Granting Motion for Summary Judgment
• Brief in Support of Motion for Summary Judgment
• Submission Notice for Motion for Summary Judgment
• Summary Real Estate Disposition Judgment
• Plaintiff's Second Motion for Summary Judgment
• Summary Judgment Motion
• Response of Defendant Mississippi Employment Security Commission to Summary Judgment Motion
• Rebuttal Memorandum Supporting Summary Judgment Motion
• Memorandum in Opposition to Appellant's Motion for Summary Judgment
• Appellee's Response to Motion for Summary Judgment
• Memorandum in Opposition to Summary Judgment Motion
• Motion for Additional Time to Respond to Motion for Summary Judgment and to Reset Hearing
• Motion for Summary Judgment - Heirship Wrongful Death Case
• Complaint in Expedited Summary Judgment Vacation Rental Agreement
• Defendant's Response to Plaintiff's Motion for Summary Judgment on the Issue of Liability
• Memorandum of Law in Support of Motion for Partial Summary Judgment on the Issue of Liability
• Motion for Partial Summary Judgment
• Rebuttal and Support of Motion for Summary Judgment
• Motion for Partial Summary Judgment
• Response to Motion for Summary Judgment