summary judgment

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summary judgment

Etymology: L, summa, total, jus, law, dicere, to state
(in law) a judgment requested by any party to a civil action to end the action when it is believed that there is no genuine issue or material fact in dispute. Summary judgment may be directed toward part or all of a claim or defense and may be based on the proceedings in court or on affidavits or other outside materials.

summary judgment,

n a legal course of action in which a judgment can be made against a defendant without hearing any testimony from said defendant.

summary judgment,

n a judgment requested by a party to a civil action to end the action when it is believed that no genuine issue or material fact is in dispute.
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References in periodicals archive ?
require the non-moving party to file its opposition to the motion fourteen days before, and the moving party's reply seven days before, the date of the hearing on the motion.
Once such a motion is filed, the burden shifts to the non-moving party to present evidence raising an issue of material fact.
Courts must view the evidence in a light most favorable to the non-moving party and must draw all reasonable inferences in favor of the non-moving party.
The court held, inter alia, that once a moving party has met the initial burden by supporting its position with documentary evidence, as the defendant did in this case, the burden shifts to the non-moving party to establish the existence of a genuine issue of fact.
The court held, inter alia, that before summary judgment may be granted, it must be determined that (1) there is no genuine issue as to any material fact, (2) the moving party is entitled to judgment as a matter of law, and (3) it appears from the evidence that reasonable minds can come to but one conclusion, and viewing such evidence in a light favoring the non-moving party, that conclusion is adverse to the party against whom the motion for summary judgment is made.

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