summary judgment

summary judgment. A judgment granted on a claim or defense about which there is no genuine issue of material fact and upon which the movant is entitled to prevail as a matter of law. • The court considers the contents of the pleadings, the motions, and additional evidence adduced by the parties to determine whether there is a genuine issue of material fact rather than one of law. This procedural device allows the speedy disposition of a controversy without the need for trial. Fed. R. Civ. P. 56.

— Also termed summary disposition; judgment on the pleadings. See JUDGMENT. [Cases: Federal Civil Procedure 2461–2559; Judgment 178–190. C.J.S. Copyrights and Intellectual Property § 81; Judgments §§ 243–274; Libel and Slander; Injurious Falsehood § 184.]

partial summary judgment. A summary judgment that is limited to certain issues in a case and that disposes of only a portion of the whole case.

— Also termed summary adjudication. [Cases: Federal Civil Procedure 2557; Judgment 181(14). C.J.S. Judgments § 246.]


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