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hey guys welcome to this video my name is john watts im a consumer protection lawyer just got back from court arguing a motion for summary judgment and while ive covered that before i thought it might be helpful to go through this again what exactly is a motion for summary judgment how can you use that how can that be used against you and if youre responding to a motion for summary judgment what in the world do you do so for this particular video im going to use this in the context of a debt collection lawsuit so youve been sued by a debt collector by an original creditor and so thats the context well use so what is a motion for summary judgment well it simply is where one party could be the plaintiff the one who filed it or the defendant the one who was sued says to the judge theres no reason for a trial just summarily enter judgment because all the facts are in my favor and the laws are my favor so theres no reason to hold a trial and so like i said either party can use it s

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What is the purpose of a summary judgment?

While a summary judgment motion is not a substitute for trial, it is a tool that allows courts to weed out cases that do not need a trial to be resolved. It also allows the court to simplify and streamline the case so that trial is more efficient and focused on the areas of actual dispute.

What is the legal meaning of summary Judgement?

Definition. Summary judgment is a judgment entered by a court for one party and against another party without a full trial.

How do you win a motion?

Understand Judicial Attention Spans: Be Certain Your Brief and Arguments Tell the Story. Employ Innocence by Association. Avoid Red Flag Clues for the Judicial Reader. Avoid Ad Hominem Attacks and Language. Argue to Win. Never Squander Credibility.

When can you apply for summary judgment UK?

Summary judgment is an application that can be brought during proceedings if one party believes that it has an overwhelmingly strong case. Essentially, a party can obtain summary judgment if it is able to clearly demonstrate that its opponent has no real prospect of succeeding in the litigation.

Which party can make a motion for summary judgment?

A Motion for Summary Judgment can be filed by any party in a lawsuit (defendant or plaintiff) who wants the Court to enter a final judgment on all or some of the parties claims or defenses before trial.

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When can a motion for summary judgment be filed in California?

The motion may be made at any time after 60 days have elapsed since the general appearance in the action or proceeding of each party against whom the motion is directed or at any earlier time after the general appearance that the court, with or without notice and upon good cause shown, may direct.

How do you win a summary Judgement?

Summary judgment is granted when the facts can be decided upon without needing to go to trial, where the opposing party would lose due to a lack of evidence. If its not clear that there is no more evidence, then summary judgment must be denied.

When can you file a motion for summary judgment in Texas?

According to Rule 166a, a summary judgment should be filed and served no less than 21 days before the hearing. Any response to the summary judgment is due no less than 7 days before the hearing. A party may file a reply to a response, but there is no set time limit for doing so.

Is a summary Judgement a good thing?

Is a Summary Judgment A Good Thing? Either a defendant or a plaintiff can request a summary judgment. Although a summary judgment is a favorable result for the motioning party, it can be detrimental for the opponent.

Is it hard to win summary judgment?

Very, very bad. Summary judgment occurs in a lawsuit after all the facts are known to all of the parties, but before the actual trial has begun. When asked by either party, the judge will review these facts and may make a determination that it is impossible for one of the parties to win the case.

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