If you are suing the driver that caused you to be injured, you might encounter some unfamiliar events in preparation for the trial. A summary judgment motion is sure to be upsetting if you are not prepared for it. Read on and find out more so you will be ready for this common motion.
What Is a Motion for Summary Judgement?
A trial can be subject to many sorts of motions filed by both your side (the plaintiff) and the other driver's side (the defendants). A motion means that the judge is being asked to consider issuing an order on some aspect of a trial. Some motions come prior to the trial beginning, and some come during the trial. When a motion is presented, a trial that has begun comes to a halt in many cases.
A motion for summary judgment puts certain facts before the judge. These facts, as the motion alleges, will be proven during the trial. The motion asks the judge to take these facts into consideration and rule on them now. A summary judgment motion could end the trial at once if the judge agrees.
The motion will likely point out evidence to support the facts cited. For instance, the motion might mention that there is evidence to support that the defendant was arrested at the scene of the accident for being intoxicated. That is usually proof that the intoxicated driver caused the accident. A summary judgment pushes the judge to make a ruling on the case without hearing all the evidence, however, and thus they seldom are agreed to.
Why Summary Judgment Motions Fail
In some cases, the judge may have enough confidence in the evidence presented so far to rule on the case, although most let the trial play out. If the judge agrees with the motion, they may rule on the case immediately, however. That said, most judges are aware that that could set things up for an appeal.
A lack of evidence also plays a part in a summary judgment motion. For example, if the other side is alleging that the victim was already injured, the judge may want to review the evidence they plan to present to prove it. If the evidence is weak or non-existent, the judge might consider making a ruling on the case right away.
It should be mentioned that both sides have an opportunity to present motions for summary judgment, as well as present arguments against them. Speak to a personal injury attorney about this and other motions likely to come up during your personal injury trial.
You walk into your favorite grocery store and right away, you slip and fall only to sprain your ankle. You can't perform your job because it requires standing on your feet all day, which means that you can't make any money to support your family while your ankle heals. There was no warning that the floors were wet after being cleaned in the store – so what do you do? It's probably a good idea to think about filing a personal injury lawsuit. Of course, anyone with experience with a personal injury case will tell you just how important it is to work with an attorney throughout the process. I'd like to share insight I've learned through three personal injury cases that I myself have had to go through in the past. I think the information on this website can help people like you, who need some personal injury guidance.