Monday, April 13, 2015 11:01:53 AM
Summary judgment means the judge reviewed all the facts, and there are none disputed by the parties, and as a matter of law the party who filed the motion is entitled to judgment. If there are issues of material fact (which there almost always are), or ambiguity as to whether the moving party should prevail (again, happens a lot), the matter proceeds to trial. So it isn’t a matter of parties being happy or not – it’s what the judge decides when reviewing the motion. If he denies it, the case automatically continues on the trial path. The moving party has to show there are NO material facts in dispute, and that on the uncontested facts they are entitled to win. It doesn’t happen very often, and when it does, it is usually because the original complaint was borderline frivolous and the defendant moves for SJ.
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