Maryland Plaintiff's Motion for Summary Judgment, Affidavit in Support of Motion, and Order Granting Summary Judgment
Description
Key Concepts & Definitions
Summary Judgment: A legal decision made by a court without a full trial when one party's motion, usually the plaintiff, argues that there are no factual issues to be tried and a judgment can be made purely on the legal issues.
Affidavit Support: An affidavit is a written statement confirmed by oath or affirmation, used as evidence in court. In the context of a summary judgment, an affidavit supports the statements or facts that back the motion.
Nonmoving Party: The party against whom the summary judgment is proposed, typically the defendant in a case. They can contest the motion by providing contrasting evidence.
Step-by-Step Guide to Filing a Motion for Summary Judgment
- Review Case Facts: Thoroughly assess the facts of the case to ensure that there are no significant factual disputes.
- Gather Evidence: Collect all relevant documents, affidavits, and testimonies that support your motion.
- Prepare the Motion: Draft your motion, making a persuasive argument that there are no material facts in dispute and presenting the laws that support your position.
- File the Motion: Submit your motion to the court, ensuring that all procedural requirements are met. Include your affidavits and other supporting documents.
- Serve the Nonmoving Party: Legally serve the other party with the motion to give them an opportunity to respond.
- Court Hearing: Attend the hearing where both parties can argue their points. The judge will make a decision based on the presented arguments and the law.
Risk Analysis of Summary Judgment Motions
- Potential for Denial: If the evidence and legal arguments are not sufficiently convincing, the motion could be denied, leading to a full trial.
- Appeal Risks: Even if granted, the other party may appeal the court's decision which can prolong the litigation process.
- Legal Costs: Preparing and arguing a motion for summary judgment involves legal fees that could increase if the motion is denied or appealed.
Key Takeaways
Understanding the strategic use and risks associated with filing a motion for summary judgment is crucial. It can expedite the legal process but requires thorough preparation and strong evidence to convince the court that no factual disputes exist.
FAQ
- What is an order granting summary judgment? This is an order issued by the court that rules in favor of the applicant of the motion, often without a full trial, based on the legal arguments presented.
- Can real estate disputes be resolved by a summary judgment? Yes, real estate disputes can be resolved by summary judgment if the facts are clear and uncontested, and the matter relies solely on legal issues.
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FAQ
(b) (1) A party may move for judgment on the pleadings.(A) If the moving party is a plaintiff, that the complaint states facts sufficient to constitute a cause or causes of action against the defendant and the answer does not state facts sufficient to constitute a defense to the complaint.
Instead the party who believes that the undisputed facts compel a ruling in his or her favor will file a motion for summary judgment. The motion asks the court to consider the undisputed facts and apply the law to them, and argues that the law requires a judgment for the party bringing the motion.
A summary judgement occurs when, in a civil case, one party wants to move to a court decision without a trial.When a motion for summary judgement is granted, it indicates there is sufficient evidence to declare one party the clear winner.
A response must be in writing and include the same supporting documents as a motion for summary judgment. The opposition to the motion for summary judgment should also include a statement of facts showing the dispute and supporting documents.
What happens during a motion for summary judgment hearing? Once the motion and response has been filed, the judge will read both and then preside over a hearing. At the hearing, each party will be given a certain amount of time to reiterate their argument in front of the judge.
When a motion for summary judgment is denied, the nonmoving party achieves a form of premium that enables a case to settle for an additional amount. Put simply, the settlement value of a case increases when a motion for summary judgment is denied.
When it comes to summary judgment, plaintiff lawyers are often guilty of forgetting the fact that either party can file one. If you have solid evidence that can't be disputed, you may very well be able to prove your claim without going to trial.
Judgment on the pleadings is a motion made after pleading and before discovery; summary judgment happens after discovery and before trial; JMOL occurs during trial.Timing is very important in making a motion for JMOL; the motion can be made only after the opposing party has presented its case.