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What Is a Summary Judgment? A summary judgment is a decision made based on statements and evidence without going to trial. It's a final decision by a judge and is designed to resolve a lawsuit before going to court.
A motion for judgment as a matter of law asks the court to enter a judgment based on the conclusion that no reasonable jury could reach a different conclusion. The motion is made before the case is submitted to the jury but after a party has been fully heard on the issue.
For starters, they take place at different times during the case. Summary judgment is a pre-trial motion and often takes place after discovery is complete. Meanwhile, JMOL is an in-trial or post-trial motion, and it must occur after both parties have had the chance to present their case.
For example, a person sues her neighbor, claiming the neighbor was rude to her. If the jury were totally free to decide issues of law and fact, the plaintiff would be entitled to a jury trial on the issue of whether being rude to one's neighbor is actionable.
Motion for Summary Judgment - Basis Any party can request that the judge enter a summary judgment by filing a motion for summary judgment if (1) there is no "genuine" issue of fact to be decided and (2) they are entitled to judgment as a matter of law. Usually, this request is made after disclosure has been completed.
What Is a Summary Judgment? A summary judgment is a decision made based on statements and evidence without going to trial. It's a final decision by a judge and is designed to resolve a lawsuit before going to court.
A summary judgment is a judgment entered by a court for one party and against another party without a full trial.