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SAMdashada

11/21/06 5:30 PM

#53198 RE: ColeThornton #53196

ColeThornton -- You are correct . . .

"Proof" is not a part of the Summary Judgment process. It is merely necessary that the judge determine that there are questions of law that should be placed before a jury.

The way nerd has it would do away with the necessity of juries. In this case the judge is not tasked with determining whether the plaintiff or the defendant should prevail but rather "whether there are questions of law to be determined by the jury".