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HOME > LEGAL BRIEFS > LITIGATION TOOLS > SUMMARY JUDGMENT


A litigant may avoid the expense of a trial by moving for judgment before trial. This procedure will be successful only if the court is satisfied that there is no genuine issue for trial with respect to a claim or defense. It may be brought with respect to all or part of a claim.

On a motion for summary judgment the parties file their evidence by way of affidavit, which may be tested by cross-examinations prior to the hearing of the motion.

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In ruling on the motion the court does not assess credibility, weigh evidence or make findings of fact. Accordingly the case for the moving party must be clear.


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Copyright © 2001 Miles Obradovich All Rights Reserved Last modified: August 1, 2004.

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