Where a judge resolves some issues and others are allowed to continue. This is used by either a plaintiff or defendant to establish certain elements in a case, for example, on an issue when it is incontrovertible that a driver was careless when behind the wheel. … [Read more...]
SUMMARY JUDGMENT
A final decision made by a judge in favor of one of the parties that is made after discovery of evidence is complete but prior to trial. A party makes a motion for summary judgment and argues that a reasonable jury examining the evidence could only decide the case in favor of the moving party. If a judge agrees then it would not be necessary to have a trial and a judgment is … [Read more...]
SUMMARY PROBATE
A simple proceeding for small estates that is quicker and much less costly than in probate court. The amount that qualifies for a small estate is governed by state law. … [Read more...]
SUMMARY PROCEEDING
A court proceeding in frong of a judge where no jury is present. … [Read more...]
SUMMARY PROCEEDINGS
When cases are to be adjudged promptly, without any unnecessary form, the proceedings are said to be summary. 2. In no case can the party be tried summarily unless when such proceedings are authorized by legislative authority except perhaps in the cases of contempts, for the common law is a stranger to such a mode of trial. … [Read more...]