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Pagan

07/23/10 3:13 PM

#122776 RE: coolhotzone7 #122774

If you have been reading all the court filings for years(your words)...why are you quoting Coastie? Why not quote the actual website..and not an anonymous poster from another website? Just curious.
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coolhotzone7

07/23/10 3:39 PM

#122778 RE: coolhotzone7 #122774

Admissions



Admissions are used primarily as a method of discovery, as a Pleading device, and as evidence in a trial.

Once a complaint is filed to commence a lawsuit, the parties can obtain facts and information about the case from each other to assist their preparation for the trial through the use of discovery devices. One type of discovery tool is a request for admission: a written statement submitted to an opposing party before the trial begins, asking that the truth of certain facts or the genuineness of particular documents concerning the case be acknowledged or denied. When the facts or documents are admitted as being true, the court will accept them as such so that they need not be proven at trial. If they are denied, the statements or documents become an issue to be argued during the trial. Should a party refuse to answer the request, the other party can ask the court for an order of preclusion that prohibits denial of these facts and allows them to be treated as if they had been admitted.

By eliminating undisputed facts as issues in a case, requests for admissions expedite trials.

http://legal-dictionary.thefreedictionary.com/admission
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coolhotzone7

07/23/10 5:38 PM

#122784 RE: coolhotzone7 #122774

Summary Judgment (my bold)

"A procedural device used during civil litigation to promptly and expeditiously dispose of a case without a trial. It is used when there is no dispute as to the material facts of the case and a party is entitled to judgment as a Matter of Law.

Any party may move for summary judgment; it is not uncommon for both parties to seek it. A judge may also determine on her own initiative that summary judgment is appropriate. Unlike with pretrial motions to dismiss, information such as affidavits, interrogatories, depositions, and admissions may be considered on a motion for summary judgment. Any evidence that would be admissible at trial under the rules of evidence may support a motion for summary judgment. Usually a court will hold oral arguments on a summary judgment motion, although it may decide the motion on the parties' briefs and supporting documentation alone.

The purpose of summary judgment is to avoid unnecessary trials. It may also simplify a trial, as when partial summary judgment dispenses with certain issues or claims. For example, a court might grant partial summary judgment in a personal injury case on the issue of liability. A trial would still be necessary to determine the amount of damages."


http://legal-dictionary.thefreedictionary.com/summary+judgement