Getting A Grasp of A Motion for Summary Judgment

<h1>Getting A Grasp of A Motion for Summary Judgment</h1>Author: <a title="Thomas Ajava" href="http://www.articlesbase.com/authors/thomas-ajava/199642.htm">Thomas Ajava</a> Civil lawsuits are set up with a procedure that creates potential ending points before trial. Put another way, the defendant can win without going to trial if certain moments fall there way. One of the procedures for achieving this is the Motion for Summary Judgment. Let’s start with a quick caveat. This motion is handled differently by state and, in some states, actually has other names. Regardless, every state offers some version of it and I’ll cover the basic idea of what it is and how to prevail. The “MSJ” usually is allowed near the end of discovery in a lawsuit. The discover phase of the case is the period during which evidence is flushed out through depositions, document production and written inquiries. After all the evidence has come in, the parties can evaluate it in relation to the most likely outcome of the case. It is hardly shocking that the parties tend to have very different views of what the evidence shows. A MSJ allows the defendant to present its position to the court. In the motion, the defendant argues the evidence produced in the case simply does not prove the claims being made by the suing party – the plaintiff. There is a key evidentiary tweak, however. The motion must be based on the total evidence and any interpretations as to the meaning of the evidence must be made in favor of the plaintiff. In non-technical terms, this means the judge must find that all the evidence presented by both the plaintiff and the defendant does not rise to the level where the defendant could be found liable. If the judge finds this standard has been met, the lawsuit is dismissed with prejudice. The legal system in the United States is based around the idea that the accused should have their day in court. While this is a mandate in criminal cases, it is a bit less so in civil law situations. Nonetheless, the idea is always being taken into account and this results in many Motions for Summary Judgment being denied when an purely objective result might suggest another result. Unless a defendant is clearly free of liability, most judges will just let the matter go to trial.About the Author: Thomas Ajava is with <a href="http://www.jacksonmswrongfuldeathattorney.com">JacksonMSWrongfulDeathAttorney.com</a> - your online directory for finding a Jackson, MS, wrongful death attorney to handle your case. 
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Civil lawsuits are set up with a procedure that creates potential ending points before trial. Put another way, the defendant can win without going to trial if certain moments fall there way. One of the procedures for achieving this is the Motion for Summary Judgment.

Let’s start with a quick caveat. This motion is handled differently by state and, in some states, actually has other names. Regardless, every state offers some version of it and I’ll cover the basic idea of what it is and how to prevail.

The “MSJ” usually is allowed near the end of discovery in a lawsuit. The discover phase of the case is the period during which evidence is flushed out through depositions, document production and written inquiries. After all the evidence has come in, the parties can evaluate it in relation to the most likely outcome of the case. It is hardly shocking that the parties tend to have very different views of what the evidence shows.

A MSJ allows the defendant to present its position to the court. In the motion, the defendant argues the evidence produced in the case simply does not prove the claims being made by the suing party – the plaintiff. There is a key evidentiary tweak, however. The motion must be based on the total evidence and any interpretations as to the meaning of the evidence must be made in favor of the plaintiff. In non-technical terms, this means the judge must find that all the evidence presented by both the plaintiff and the defendant does not rise to the level where the defendant could be found liable. If the judge finds this standard has been met, the lawsuit is dismissed with prejudice.

The legal system in the United States is based around the idea that the accused should have their day in court. While this is a mandate in criminal cases, it is a bit less so in civil law situations. Nonetheless, the idea is always being taken into account and this results in many Motions for Summary Judgment being denied when an purely objective result might suggest another result. Unless a defendant is clearly free of liability, most judges will just let the matter go to trial.

Thomas Ajava is with JacksonMSWrongfulDeathAttorney.com - your online directory for finding a Jackson, MS, wrongful death attorney to handle your case.

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Article Tags: lawsuit, motion, summary judgment, msj, discovery, evidence, plaintiff, defendant, judge, trial

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