A summary judgment motion represents a key point in a personal injury case. If the motion is granted, the defendant could enjoy a release from liability issues.
The purpose of a summary judgment
It could function as a way to resolve a specific issue in a personal injury case or resolve the entire case. Both the Personal Injury Lawyer in Mississauga for the plaintiff and the attorney for the defendant have the right to enter a motion for summary judgment. The motion gets made before the case goes to trial. It serves as a request for a ruling from the judge.
The responsibilities of the party making the motion, along with those of the non-moving party
The party making the motion must show that there are no genuine issues of material facts. That demands producing evidence that the stated facts are undisputed. If the non-moving party does not respond to a given motion, then the court would be expected to rule in favor of the moving party. The non-moving party can undertake those actions that allow a motion to get argued before a judge. Performance of those actions entails showing that issues of fact do, indeed, exist.
A judge determines whether or not the moving party or the non-moving party has made a more convincing argument. If the non-moving party has not offered a strong argument, then it must face the consequences of a failed response. If a judge has viewed the argument from the non-moving party as weak, then the same judge grants the motion for a summary judgment. After the judge has made a ruling, the non-moving party does not have to accept it. The non-moving party has the right to file an appeal.
The possible effect of motions for a summary judgment
If the attorney for at least one of the 2 opposing sides were to enter a request for a summary judgment at some point, in every personal injury case, the court system could become overwhelmed. Fortunately, that is not the strategy that gets chosen by most lawyers.
Still, plaintiffs need to understand the summary judgment’s significance. It can put an end to a case, if a judge can be convinced that the plaintiff does not have adequate grounds for a given allegation. That fact helps to underscore the wisdom behind hiring a legal representative.
Lawyers have the ability to tell whether or not a plaintiff has adequate grounds for making a given charge. If a lawyer’s opinion indicates that a possible client lacks sufficient grounds for a given allegation, then that same lawyer refuses to take the case. While that might annoy the potential client, it eliminates chances for an unwanted judgment.