Sometimes lay people and even practicing lawyers do not seem to understand what a Summary Judgment is and how to get one. In some Courts, obtaining a Summary Judgment is difficult, if not impossible. Other Courts love Summary Judgment and use it as a mechanism to reduce case load. This article will provide some tips about how to get Summary Judgment and how to avoid having such a motion granted against your client.
1. Where Summary Judgment Works and Where it Does Not.
There are certain cases which do not lend themselves to Summary Judgment. Examples of such cases include the typical negligence case, medical malpractice and cases involving the interpretation of a contract where there is an ambiguity which is required to be explained by oral testimony. Judges are reluctant to grant Summary Judgment in these types of cases because of the likelihood of reversal. Remember that State and…
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