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10 Cards in this Set
- Front
- Back
What's the purpose of making a summary judgment motion?
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Show that there is no need for a trial
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What must the SJ moving party show?
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1. No genuine issue of material fact requiring a trial
2. Deserving of judgment as a matter of law |
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When can you fill for SJ?
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After D's answer; before 120 days post filing note of issue may get exception for late filing for "good cause" like law office failure or delayed service of discovery documents
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On what issues can you request SJ?
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Any claim or defense raised in pleadings
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How does SJ movant show no triable issue of material fact?
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1. Appropriate evidence (affidavits, documents, results of discovery)
2. From sources with actual knowledge (witnesses, experts) |
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How can opponent prevent SJ?
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Present evidence that there is a triable issue of material fact using same kind of evidence (can't just rely on pleadings)
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What if opponent fails to produce evidence opposing SJ through no fault of his own?
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Court may:
1. Deny SJ motion 2. Grant continuance for gathering evidence |
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What is the "boomerang effect" of SJ?
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Upon motion, Court does complete "record search" and may award SJ to the non-moving party if the evidence provided supports it
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What is the consequence of a denial of SJ?
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Court has found that there is a triable issue of material fact, and case proceeds to trial through normal procedure.
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Court issues a "partial SJ"--what does that mean?
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Court determines that SJ as to liability is warranted, but still issues as to damages; orders immediate trial as to damages.
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