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What is a motion for summary judgment?

If your business in Las Vegas has become involved in a breach of contract dispute with another business or with a customer, you or the other party may file what is called a motion for summary judgment. According to Clark County, a motion for summary judgment is a filing used in a civil court case. The filing is essentially a legal request to the court that it should make a ruling on the civil matter in your favor, based on the facts of the case.

The motion is filed in an effort to get a court ruling without the necessity of having to present your case in court. However, the judge is not under obligation to issue a summary judgment. Once the motion is filed, the judge assigned to your case will examine the relevant laws pertaining to the case to make sure that they support one party’s claim. Then, the judge will look at all of facets of the case to determine if there are any issues that would be left unresolved if a judgement were made. If these two requirements cannot be met, the judge will deny the motion.

If the other party is the one that has filed the motion for summary judgment, it is important for you to respond to that motion with an opposition. If there is no opposition filed, the judge can take it as an admittance on your part that the other party is right and therefore, make a ruling that is not in your favor. Your opposition must contain arguments, documented evidence and a citation of law that shows you are in the right. The stronger your evidence and your argument is, the higher your chance of preventing a judgment from being made.

While this information may help you understand the civil litigation process better, it should not be construed as legal counsel or advice. 

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