What is a summary judgement?

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Many civil cases result in a summary judgement, a court order ruling that a trial is not necessary because no factual issues remain to be tried.

Either party, plaintiff or defendant, may motion for summary judgement. The motioning party declares that all factual issues are either settled or so one-sided that they need not be tried. The opposing party must then argue that triable issues of facts remain to be settled in order to take the case to trial.

Summary judgement will only be granted to causes of action for which the court finds to unquestionably lack any triable issue of fact. Issues for which there is any doubt will go to trial.

A summary judgement helps to streamline court procedures and limit court costs by resolving issues without a trial.

Although a summary judgement is a favorable result for the motioning party, it can be appealed by the opponent.

An experienced Canan Law attorney will work with you to determine if a motion for summary judgement is appropriate in your civil suit.

Canan Law, the most respected team of attorneys in St. Augustine, keeps you informed with blog posts discussing legal terms and Florida court cases that matter to you. Ask your legal question today with our website’s live chat feature!

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