IN THIS VIDEO WE DISCUSS, WHAT IS A MOTION FOR SUMMARY JUDGMENT? IMPORTANCE OF MOTION FOR SUMMARY JUDGMENT EXPLAINED #LAWFIRM
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MOTION FOR SUMMARY JUDGMENT

Summary Judgment is a decision by the Court on the case “summarily” - meaning that a full Trial is not necessary because there is no genuine issue of material fact.  Essentially, the moving party bears the difficult burden to show that all evidence is in favor of the moving party. Summary Judgment is a decision by the Court on the merits of the entire case.  Whereas, Partial Summary Judgment in Federal Court, or Summary Adjudication in California Superior Court, is a decision by the Court on a particular issue in the case.  

Pursuant to Rule 56 of the Federal Rules of Civil Procedure, a party may Motion for Summary Judgment on the grounds that there is no genuine issue of material fact and only questions of law need to be decided. Therefore, the moving party is entitled to Judgment as a Matter of Law.  

The proof that may be offered in support of the Motion for Summary Judgment include affidavits and declarations, which lay the foundation that the declarant is competent to testify at Trial and state the supporting facts within the declarant’s personal knowledge.  In addition, discovery conducted throughout the litigation may be provided in support of the Motion for Summary Judgment, including depositions and interrogatories.  The moving party bears the burden to establish that there is no factual dispute.  Summary Judgment may also be granted if the moving party can establish that the record shows that the other party cannot prove an essential element of the cause of action.  

Rule 6 of the Federal Rules of Civil Procedure generally requires that any Motion, including a Motion for Summary Judgment, must be served at least fourteen (14) days before the noticed hearing date. However, most Federal Courts have Local Rules requiring longer notice for Motions for Summary Judgment.  For example, the Local Rule 6-1 for the Central District of California, requires that a Motion for Summary Judgment be served at least twenty-eight (28) days before the hearing date.  The Opposition to the Motion for Summary Judgment must then be filed and served at least fourteen (14) days before the hearing date.  

In California Superior Court, the Motion for Summary Judgment or Adjudication and all supporting documents must be filed seventy-five (75) calendar days before the noticed hearing date.  All relevant documents must be attached to the Motion and a Separate Statement of Facts must summarize all relevant factual points within those documents.  An Opposition to the Motion for Summary Judgment must be filed fourteen (14) calendar days before the hearing date, and must also include a Statement that responds to each of the material facts that the moving party contends are undisputed.  The opposing party has at least two (2) months to prepare and conduct additional written discovery and depositions to use in the Opposition.  Federal Court practice does not allow this luxury, and all discovery and depositions in Federal litigation should be conducted as soon as possible.
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#shots #youtubeshorts #lawfirm
00:00 Introduction
00:34 Difference from other Judgement
00:47 Rule 56 - Federal Rule for Civil Procedure
01:29 Discovery
01:57 Rule 6

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