summary judgment


summary judgment
A judgment in a summary proceeding, as one rendered pursuant to statute against the sureties on a bond furnished in an action. 50 Am J1st Suret § 209. A judgment in certain actions specified in the statute providing the remedy, rendered upon plaintiff's motion, usually with supporting affidavits, upon the failure of the defendant to controvert the motion by filing an affidavit of defense or his failure to file an affidavit of defense or affidavit of merits sufficient to show the existence of a genuine issue of fact. 41 Am J1st Pl § 340. A motion for summary judgment is not a trial; on the contrary it assumes that scrutiny of the facts will disclose that the issues presented by the pleadings need not be tried because they are so patently insubstantial as not to be genuine issues at all. Consequently, as soon as it appears upon such a motion that there is really something to "try," the judge must at once deny it and let the cause take its course in the usual way. Cohen v Eleven West 42nd Street (CA2 NY) 115 F2d 531.

Ballentine's law dictionary. . 1998.

Look at other dictionaries:

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  • summary judgment — noun 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 • Syn: ↑summary judgement, ↑judgment on the pleadings, ↑judgement on the… …   Useful english dictionary

  • summary judgment — noun Date: 1798 judgment that may be granted upon a party s motion when the pleadings, discovery, and any affidavits show that there is no issue of material fact and that the party is entitled to judgment in its favor as a matter of law …   New Collegiate Dictionary

  • summary judgment — Law. a judgment, as in an action for debt, that is entered without the necessity of jury trial, based on affidavits of the creditor and debtor that convince the court that there is no arguable issue. * * * …   Universalium

  • summary judgment — noun The determination by a court that no factual issues are in dispute, and that the legal issues require the case to be decided in favor of one party or the other …   Wiktionary

  • summary judgment — n. final decision made by a judge prior to a verdict that resolves a lawsuit in favor of one of the parties …   English contemporary dictionary


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