Results 1 to 7 of 7

Hybrid View

  1. #1
    Join Date
    Oct 2014
    Posts
    8,238

    Default Re: What are the Benefits of Filing a Motion for Summary Judgment

    Quote Quoting LexisLutor
    View Post

    My perspective is that without a jury it is generally easier to narrow down if/when the judge abused his/her discretion, which is important for appeals purposes.
    The jury serves the function of resolving disputed facts in the case. If the case were tried to a judge without a jury, then the judge serves as the fact finder in the case. Either way, appeals courts generally do not review the factual determinations made by the jury or the judge as the case may be. The appeals court reviews the case for legal or procedural errors made by the judge. As an aside, most such errors are subject to a de novo standard of review (which means the appeals court does not give any particular weight to the trial court’s decision and the appeals court makes its own determination fresh determination on the matter), not abuse of discretion. The judge’s legal and procedural decisions are all on the record and the appeals court can look at those just as easily whether there was a trial to a jury or a trial to the court. Therefore, what is important for appeals purposes is making sure that any problems that might raise appeals issues are brought to the judge’s attention and that the judge rules on it in the record. This is something that lawyers are trained to do in law school and that too often pro se parties do not know how to do or the importance of it.

    Summary judgment is appropriate when there are no material factual issues in dispute in the case. There is no need for a trial in that case, either to a jury or to the judge because there is no need to hear evidence to decide the facts. The judge then can make a determination in the case based on those undisputed facts. It saves time and expense for everyone. But it doesn’t make appeal any easier than had the case gone to trial.

  2. #2
    Join Date
    May 2011
    Posts
    104

    Default Re: What are the Benefits of Filing a Motion for Summary Judgment

    If there are potential issues (a problem that may cause an appeal) they should be placed in a Motion for Summary Judgment so the judge takes notice. There is no dispute of the facts in the case. It seems this would be a less expensive way to see if the Judge agrees with Motion for Summary Judgment of if the opposing side has anything (factual) that was not known about before.

  3. #3
    Join Date
    Oct 2014
    Posts
    8,238

    Default Re: What are the Benefits of Filing a Motion for Summary Judgment

    Quote Quoting epic
    View Post
    If there are potential issues (a problem that may cause an appeal) they should be placed in a Motion for Summary Judgment so the judge takes notice. There is no dispute of the facts in the case. It seems this would be a less expensive way to see if the Judge agrees with Motion for Summary Judgment of if the opposing side has anything (factual) that was not known about before.
    So I’m going to guess that you are considering filing a motion for summary judgment, probably in the case you have mentioned in other threads in which you are the plaintiff. If you are the plaintiff, are you saying that in its response the defendant agreed with all the facts you put in your complaint? If there is truly no dispute on the facts then the case is ripe for summary judgment and would indeed be a faster, less expensive way to resolve the dispute. Each side makes its argument on why the court should rule in its favor and then the judge applies the law to the undisputed facts and decides which way to rule.

  4. #4
    Join Date
    Jul 2015
    Location
    Florida
    Posts
    301

    Default Re: What are the Benefits of Filing a Motion for Summary Judgment

    Just make sure you have all the relevant law and include it in your motion for summary judgment. You will need to explain the facts in your case (none of which should be in dispute), what the governing law is (statutory, regulatory, and/or case law), and how that law applies to your facts. The other side will file an opposing motion or brief in opposition to your motion in which they too will cite to the law as it applies to the facts. The judge will make the ruling as to how the law applies to those facts. If some factual dispute does exist, such as who should be believed, then a jury (or bench) trial would be necessary.

    1. Sponsored Links
       

Similar Threads

  1. Collection Lawsuits: Served With a Motion for Summary Judgment
    By jso in forum Debts and Collections
    Replies: 9
    Last Post: 10-31-2011, 11:01 AM
  2. Collection and Enforcement: Motion for Summary Judgment
    By LP1968 in forum Civil Procedure
    Replies: 1
    Last Post: 01-13-2010, 07:06 PM
  3. Collection and Enforcement: Motion for Summary Judgment - What Do I Do?
    By VinceD10 in forum Civil Procedure
    Replies: 13
    Last Post: 08-11-2008, 12:40 PM
  4. Motions: Filing Motion to Dismiss vs Motion for Summary Judgement
    By maestromjd in forum Moving Violations, Parking and Traffic Tickets
    Replies: 1
    Last Post: 07-10-2008, 03:01 AM
  5. Sample Motion for Summary Judgment
    By alexwitnerss in forum Civil Procedure
    Replies: 1
    Last Post: 06-03-2007, 12:01 PM
 
 
Sponsored Links

Legal Help, Information and Resources