A summary judgment is a legal determination from a court in a civil lawsuit without a full trial. A court grants summary judgment when there are no material facts in dispute requiring a jury or judge to resolve and one party has entitlement to judgment as a matter of law. This can expedite the resolution of a case, saving time and resources for all involved.

Key Features of Summary Judgment

A party seeking summary judgment files a motion with the court. This motion outlines the arguments and evidence supporting the claim that there are no material facts in dispute. Along with the motion, the moving party must submit supporting documents, including affidavits, deposition transcripts, and other evidence.

The non-moving party has the opportunity to respond to the motion. They must demonstrate that there is indeed a genuine dispute of material fact or that the moving party has no entitlement to judgment as a matter of law. To do so, they are able to submit their own evidence.

The court may hold a hearing where both parties present their arguments regarding the motion for summary judgment. The judge reviews submitted evidence (such as affidavits, depositions, and admissions) and arguments to decide whether to grant the motion. If granted, the case (or the part of the case addressed by the motion) is resolved without a trial. If not, then it will usually proceed to a full trial.

Examples of Summary Judgment

There are several occasions where summary judgement may come into play. One is when the terms of a contract in business law are clear and undisputed, and one party can show that the other breached them. In debt collection, when a debtor admits to owing a specific amount and there are no factual disputes, the creditor may seek summary judgment including attorney fees. For negligence cases, if the plaintiff fails to present evidence of the defendant’s duty or breach, the defendant may seek summary judgment.

Tulsa County Civil Lawyers

Summary judgment in Oklahoma is a procedural tool used to resolve civil lawsuits without a full trial when there are no genuine disputes of material fact, and one party is entitled to judgment as a matter of law. The process involves filing a motion, submitting supporting evidence, and potentially presenting arguments at a hearing. Our team here at Tulsa County Lawyers Group will guide you through the process. If you need help, contact us today by calling (918) 379-4864 or reach us online for a consultation.