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What type of motion occurs when a judge makes a final decision on the issues of the lawsuit without a trial?
This is likely to occur when a judge grants a motion for summary judgment. The motion asserts that there is no justiciable issue of material fact for the finder of fact (judge or jury) to decide, and that the party filing the motion is entitled to judgment "as a matter of law".
Typically, the case has progressed to some degree when a motion for summary judgment is filed and the motion is based upon facts that have been disclosed during the "discovery" process. That is the part of the case when the parties ask questions of each other, request the production of relevant documents, take depositions, etc. Courts hesitate to grant such motions except in the clearest of cases. In the event of a close call, most courts deny the motion and permit the case to go to trial.
This outcome may also occur when the court grants a motion for judgment on the pleadings. These motions are determined based primarily upon the pleadings filed by the Plaintiff and the Defendant; respectively, the complaint and the answer. The motion is granted when the complaint does not state a cause of action upon which relief may be granted.
What else can I help you with?
A motion asserting that there are no factual issues in dispute in a trial is known as?
motion for summary judgment is when there are no factual disputes to be decided by the jury and a judge can decide the proper law to the undisputed facts and make the decision without jury
A motion asserting that there are no factual issues in dispute in a trial is known as a?
motion for summary judgment is when there are no factual disputes to be decided by the jury and a judge can decide the proper law to the undisputed facts and make the decision without jury
Can a motion to dismiss be filed when the wrong defendant is named in the lawsuit?
Yes, a motion to dismiss can be filed if the wrong defendant is named in a lawsuit.
A lawsuit may be resolved before trial by the judge granting a?
motion for summary judgment, which dismisses the case if there are no genuine issues of material fact to be resolved, and one party is entitled to judgment as a matter of law.
What is the motion that ends a lawsuit because there are no disputed material facts?
A motion for judgment on the pleadings
What happens if a Plaintiff of a Lawsuit refuses a motion for discovery?
They lose
What is the difference between a legal motion and a pleading?
Pleadings are the formal allegations and responsives thereto, of parties in a lawsuit. Pleadings are usually filed to initiate a lawsuit (petition or complaint), and to file an official response, defense and any counterclaim (Answer, Reconventional Demand, Counter-claim). Motions are applications for orders from the court, usually made within the framework of a lawsuit (motion to compel discovery, motion to set trial date, motion for summary judgment).
How do you supena or get a court order?
You get a court order by filing a lawsuit or a motion and ask the court to order what you want. The clerk of court can assist in obtaining a subpoena for an ongoing lawsuit.
Does a lawsuit settle when a motion to dismiss is denied?
No. If the dismissal was denied that means the case will proceed to trial.
If you overpaid your landlord by 4000 dollars showed him his mistakes and he chose to evict you instead of paying a refund or credit can you file a demurrer or motion to quash?
You could contact the local tenants protection agency where you live and ask to speak with an advocate. Laws vary in different jurisdictions. For some reason you have mentioned terms that apply to pleadings in an ongoing lawsuit and a motion asking the judge to declare a decision null or invalid. If you are already involved in a lawsuit then you should consult with your attorney. If not then you should visit your local small claims court to see if you can file a lawsuit against your landlord to recover your money.
What is cut-off for filing Motions in a California lawsuit?
cut-off for filing motion to quash subpoena?
Can a defendant be added to a pending lawsuit?
Under Georgia law a defendant may be added to a lawsuit within the statute of limitations upon motion to the court. A work-around is for the plaintiff to add "John Doe" place-holder defendants and a defendant may be added b substituting for a John Doe without leave of court.
