The Law Office Of

Neal Jacobs

8118 Corporate Way, Suite 110, Mason Ohio 45040

NJ

Summary Judgment

Many lawsuits face a procedural hurdle which may stop the case from being heard by a jury. The hurdle is known as a Motion for Summary Judgment.  

warren county courthouse lawyer summary judgementA summary judgment motion is granted when the pleadings, depositions, discovery responses, and affidavits show:

  • that there is no genuine issue as to any material fact;
  • that the moving party (the party seeking the relief) is entitled to judgment as a matter of law; and
  • that viewing the evidence most strongly in favor of the nonmoving party, reasonable minds can come to but one conclusions, and that conclusion is adverse to the moving party. 

The moving party bears the initial responsibility of informing the court of identifying those portions of the pleadings, discovery responses and affidavits that it believes demonstrate the absence of a genuine issue of material fact.

In a summary judgment motion the Court must view the facts, and draw all reasonable inferences in a light most favorable to the non-moving party (generally the Plaintiff). At this stage the Judge’s function is not to weigh the evidence and determine the truth of the matter but instead he or she need only determine whether the evidence presents sufficient disagreement to require submission to a jury, or whether the issues presented are so one-sided that one party must prevail as a matter of law. 

During his years as a practicing lawyer Neal has learned to draft documents and develop testimony at depositions, so that his clients are best positioned to defeat a summary judgment motion, and allow the matter to proceed to trial. 

 

 

Employment Lawyer

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