summary judgment

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Related to Non-moving party: Movant
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  • noun

Synonyms for summary judgment

a judgment rendered by the court prior to a verdict because no material issue of fact exists and one party or the other is entitled to a judgment as a matter of law

References in periodicals archive ?
It is only after the movant has carried its prima facie burden that the non-moving party is required to submit competent proof in opposition for the purpose of establishing the presence of material issues of fact.
140) In analyzing such a dispute, a court cannot credit the moving party's affidavits over the conflicting evidence the non-moving party presented; in fact, the opposite is true in that the court must favor the evidence submitted by the non-moving party.
According to the case law, a district court may dismiss on forum non conveniens grounds even though it cannot make a definitive finding as to the adequacy of the foreign forum "if the court can protect the non-moving party by making the dismissal conditional.
24) In the federal court case upon which she relied, the federal court denied defendant's motion to enforce a settlement agreement when the scope of that agreement was disputed, holding "it is not for the court to weigh the evidence or evaluate the credibility of witnesses, but to consider the evidence submitted by the parties in support of and in opposition to the motion and grant all inferences to the non-moving party.
The moving party may accomplish this by either: (1) affirmatively negating an essential element of the non-moving party's claim; or (2) showing that the non-moving party will not be able to prove an essential element at trial.
Summary judgment should be granted only when a complaint is so legally deficient that recovery would be impossible even if all well-pleaded facts were true and construed in the light most favorable to the non-moving party.
A genuine issue of fact exists if the evidence is such that a reasonable jury could find that the facts are in favor of the non-moving party.
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