Demurrers and motions to dismiss are generally based on the pleadings, while summary judgment or adjudication motions are based on evidence. In this way, an MSJ differs from a demurrer (in jurisdictions that allow them) or a motion to dismiss. Thus, the moving party must attempt to prove that there is no disputed admissible evidence in the action for the trier of fact to consider. The primary point of the summary judgment motion is to show that because there are no facts in dispute, the judge may apply the law to the undisputed facts and rule in favor of the moving party without the need for trial. Thus, an MSA, if successful, can shorten a trial by limiting the issues to be decided. Rather than trying to dispose of the entire case, an MSA seeks to dispose of part of the case, in the form of a specific cause of action, claim of damages, or affirmative defense - once again, because there is no disputed material fact warranting a trial on that claim or defense. In other words, if the moving party can show that the facts necessary for deciding the action are not in dispute, and the law is on its side, then the claims can be determined in favor of the moving party.Įither the plaintiff or the defendant can bring an MSJ.Ī motion for summary adjudication (MSA), on the other hand, is more limited in scope. Hence, a motion for summary judgment, affectionately known as MSJ, is a motion that seeks to dispose of the entire case because “there is no genuine dispute as to any material fact and the movant is entitled to judgment as a matter of law.” (Fed. If there are no facts actually in dispute between the parties, there can be no trial, because there is no role for the trier of fact to play. The job of the trier of fact (whether jury or judge) is to determine the facts, while determining the law is a job for the judge alone. There is one very basic premise upon which summary judgment motions are based. Practice Tip Sheet Summary Judgment Motions To download a copy of this article, click the button.
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