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Bet-Nahrain Forum
Re: Food For Thought
Posted By: Persi (ip68-108-15-6.lv.lv.cox.net)
In Response To: Re: Food For Thought (Shamiram Daniali)
Date: Sunday, 7 January 2007, at 10:13 p.m.
Shamiram
“1. What does a “Summary Judgment” mean?”
***It is motion filed by a party to a lawsuit, which alleges there are no genuine issues of material facts and the moving party is entitled to a judgment as a matter of law. In a simple language, it means that the party who files this motion says to the court that there no factual issues to go to trial and I am entitled to a judgment.
“2. What are the advantages and disadvantages of a Summary Judgment to either party?”
***There are many advantages and disadvantages. However, as you know this forum has many visitors. One advantage is you save substantial amount of money if your motion is granted because that is the end of the case (i.e., no more attorneys’ fees and costs at trial court level). For tactical reasons, I would rather not to comment on the disadvantages.
“3. Can a Summary Judgment be appealed, even by the requesting party?”
***A judge’s grant of MSJ is appealable by the losing party. If the judge denies the MSJ, you cannot appeal it, because it is not a final order (the case will go to trial).
I believe in my prior posts I have answered your other questions you posed in your long paragraph. If not, please put them in a short question format, and I will answer them after you pay my bill. I am just kidding you!
Persi
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