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A defendant can apply for summary judgment at any time, but typically this is done at the first Case Management Conference (CMC). Any application for summary judgment should be made after acknowledgment of service. If no acknowledgment is served, permission of the court is needed.
When can a party make a motion for summary judgment? After service of the answer, any party - \u03c0 or \u0394 - can move for summary judgment with respect to any claim or defense asserted in the pleadings.
An application for summary judgment is usually made by a claimant where no defence has been filed, or the claimant believes that the defence filed by the defendant has no real prospect of success (CPR, r24.
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.
The 8-2 rule: Motions papers must be served at least eight days before the time the motion is noticed to be served. Answering papers must be served two days before the motion is noticed to be served.
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Summary judgment\u2014timing\u2014applying prior to acknowledging service. Under CPR 24.4(1), a claimant may not apply for summary judgment until the defendant against whom the application is made has filed either an acknowledgment of service or defence unless the court gives permission or a practice direction provides otherwise ...
A claimant can make an application for summary judgment after an acknowledgment of service or defence has been filed, unless the court gives permission, or a Practice Direction provides otherwise.
On the contrary, summary judgment motions that try to resolve intent or state of mind, issues of causation, or whether negligence has been committed, are harder to win because issues of disputed facts can be easier found in those cases.
On a motion for summary judgment, each party must \u201cput their best foot forward\u201d in relation to the material issues. This means that both the moving party and responding party are required to present their best evidence about the claim(s) or defence(s) in issue.
[21] A defendant wishing to oppose summary judgment has to invoke the procedure set out in Rule 32 (3) which provides it with the following steps to follow, namely; that: (a) he must provide to the plaintiff security to the satisfaction of the Registrar, for any judgment including costs which may be given[2] or (b) he ...

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