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A summary judgment is a judgment entered by a court for one party and against another party without a full trial.
The court shall grant summary judgment if the moving party shows that there is no genuine dispute as to any material fact and the moving party is entitled to judgment as a matter of law. The court should state on the record the reasons for granting or denying the motion.
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.
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 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.
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.