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  1. #1
    Join Date
    Jan 2008
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    Default What Is The Difference Between "Motion To Dismiss" and "Summary Judgement"

    "Motion to Dismiss" or "Summary Judgement" in a defamtion case?

  2. #2
    Join Date
    Jan 2008
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    Toledo, OH
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    Default Re: What Is The Difference Between "Motion To Dismiss" and "Summary Judgement"

    Motion to Dismiss: In a civil case, a request to a judge by the defendant, asserting that even if all the allegations are true, the plaintiff is not entitled to any legal relief and thus the case should be dismissed.

    Summary Judgement: When a court gives its judgment that there is no dispute as to the facts of the case and one party is entitled to a judgment as a matter of law.

  3. #3
    Join Date
    Jan 2006
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    38,867

    Default Re: What Is The Difference Between "Motion To Dismiss" and "Summary Judgement"

    in a bit more layman terms.

    dismissal; the court stops and releases all parties from the suit but the suit may be able to be filed again (as long as it was not a dismissal with prejudice). There are no judgements entered and it is as if the case was not filed.

    summary judgement; the judge actually makes a decision regarding the case which is binding upon the parties. It would be the same as if the case proceeded to trial and a decision made and judgement ordered. There is a winner and a loser in this situation, just as if the case had been tried.

  4. #4
    Join Date
    Jan 2008
    Posts
    27

    Default Re: What Is The Difference Between "Motion To Dismiss" and "Summary Judgement"

    Thank you.
    Is it very rare to be granted a summary judgement?
    Surely, the plaintiff and their lawyer are going to fight it, correct?
    Thanks so much

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