Malcolm Rivera
In New York State, a motion for summary judgment is a legal procedure that allows a party to a lawsuit to ask the court to decide the case in their favor without a trial. The moving party must demonstrate that there are no genuine issues of material fact and that they are entitled to judgment as a matter of law. This is done by submitting an affidavit, a copy of the pleadings, and other available proof such as depositions, written admissions, and exhibits. The affidavit should be by someone with knowledge of the facts and should recite all material facts, demonstrating that there is no valid defense or that the defense or cause of action has no merit. The motion for summary judgment can be made at any time before the service of the responsive pleading is required, and the court may set a specific date after which no such motion can be made.
| Characteristics | Values |
|---|---|
| Motion for summary judgment | A legal procedure that allows a party to a lawsuit to ask the court to decide the case in their favor without a trial |
| Who can move for summary judgment | Any party can move for summary judgment after the issue has been joined in the action |
| Time limit | The court may set a specific date after which no such motion can be made, ensuring it's no earlier than 30 days after filing the note of issue. If the court doesn't set a specific date, the motion must be made no later than 120 days after filing the note of issue, unless there's good cause shown and the court grants leave |
| Supporting documents | Affidavit, a copy of the pleadings, and other available proof like depositions, written admissions, and any other relevant evidence |
| Affidavit | Should be by someone with knowledge of the facts, recite all material facts, and show there's no defense or that the defense or cause of action has no merit |
| Exhibits | Documents, photographs, or other tangible evidence that supports the motion |
| Other requirements | A detailed legal argument that outlines why the motion should be granted based on the undisputed facts and the applicable law |
| Grounds for motion | If it appears that the only triable issues of fact arising on a motion for summary judgment relate to the amount or extent of damages, or if the motion is based on any of the grounds enumerated in subdivision (a) or (b) of rule 3211 |
| Immediate trial | The court may, when appropriate for the expeditious disposition of the controversy, order an immediate trial of such issues of fact raised by the motion, before a referee, before the court, or before the court and a jury, whichever may be proper |
| Partial summary judgment | In a matrimonial action, summary judgment may not be granted in favor of the non-moving party. In any other action, summary judgment may be granted as to one or more causes of action, or part thereof, in favor of any one or more parties, to the extent warranted, on such terms as may be just |
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What You'll Learn
Supporting proof; including affidavits and exhibits
Supporting evidence is a crucial component of a motion for summary judgment. This includes affidavits and exhibits, which serve as proof to substantiate the claims made in the motion.
Affidavits
An affidavit is a sworn statement by a witness or party with firsthand knowledge of the facts of the case. It should be detailed and specific, providing a thorough account of all material facts. The affidavit must demonstrate either that there is no valid defence or that the cause of action or defence lacks merit, thus helping the court determine whether there are genuine disputes of material fact that necessitate a trial.
According to Rule 56, a formal affidavit is no longer required. Instead, a written unsworn declaration or statement subscribed as true under penalty of perjury can be submitted.
Exhibits
Exhibits are relevant documents, photographs, or other tangible evidence that supports the claims made in the motion. They can be attached to the affidavit, with explanations provided within the statement. Other proof can include depositions, written admissions, and any other relevant evidence that helps to substantiate the motion.
It is important to note that the court may consider record materials not specifically called to its attention by the parties. This means that materials not yet in the record, including those referred to in an affidavit, must be placed in the record.
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Grounds
In New York State, a motion for summary judgment is a legal procedure that allows a party to a lawsuit to ask the court to decide the case in their favour without a trial. The moving party must demonstrate that there are no genuine issues of material fact and that they are entitled to judgment as a matter of law.
A motion for summary judgment must be supported by an affidavit, a copy of the pleadings, and other available proof such as depositions, written admissions, and any other relevant evidence. The affidavit should be by someone with knowledge of the facts, reciting all material facts, and showing there is no valid defence or that the defence or cause of action has no merit.
The motion will be granted if, upon reviewing all submitted materials, the court determines that the cause of action or defence is established sufficiently to warrant judgment in favour of any party. This means that the moving party has successfully demonstrated that there are no triable issues of fact and that they are entitled to judgment as a matter of law.
In certain circumstances, the court may order an immediate trial of the issues raised on the motion or of specific issues of fact relating to the amount or extent of damages. This may be done before a referee, the court, or a jury, depending on what is proper.
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Relief to either party
In NYS, a motion for summary judgment is a legal procedure that allows a party to request the court to decide in their favour without the need for a full trial. This is applicable when there are no genuine issues of material fact, and the moving party believes they are entitled to judgment as a matter of law.
To support their motion, the moving party must provide an affidavit, a copy of the pleadings, and other proof such as depositions, written admissions, and relevant evidence. The affidavit should be completed by someone with knowledge of the facts, stating all material facts and demonstrating that there is no valid defence or that the defence or claim has no merit.
If the motion is granted, the court will direct judgment in favour of the moving party, providing relief by resolving the case without the need for a lengthy trial. This can save time and resources for both the parties involved and the court system.
However, it is important to note that the non-moving party can also be granted relief in certain circumstances. For example, if the only triable issues of fact relate to the amount or extent of damages, the court may order an immediate trial to address these specific issues. Additionally, in matrimonial actions, summary judgment cannot be granted in favour of the non-moving party, providing protection for defendants in such cases.
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![Report (in part) of the Commissioners to revise, simplify and abridge the rules of practice, pleadings, forms of conveyancing, and proceedings, of the courts of this state. 1854 [Leather Bound]](https://m.media-amazon.com/images/I/81nNKsF6dYL._AC_UY218_.jpg)
Procedural requirements
Any party can move for summary judgment after the issue has been joined in the action. The court may set a specific date after which no such motion can be made, ensuring it's no earlier than thirty days after filing the note of issue. If the court doesn't set a specific date, the motion must be made no later than 120 days after filing the note of issue, unless there's good cause shown and the court grants leave.
The motion must be supported by an affidavit, a copy of the pleadings, and other available proof like depositions and written admissions. The affidavit should be by someone with knowledge of the facts, recite all material facts, and show there's no defense or that the defense or cause of action has no merit. Exhibits, such as documents, photographs, or other tangible evidence that supports the motion, may also be included.
A detailed legal argument should outline why the motion should be granted based on the undisputed facts and the applicable law.
The motion shall be granted if, upon reviewing all submitted materials, the court determines that the cause of action or defense is established sufficiently to warrant judgment in favor of any party.
If it appears that any party other than the moving party is entitled to a summary judgment, the court may grant such judgment without the necessity of a cross-motion. The court may also order an immediate trial of the issues raised by the motion, before a referee, the court, or a jury, if it appears that the only triable issues of fact relate to the amount or extent of damages.
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Immediate trial
In New York, a motion for summary judgment is a legal procedure that allows a party to a lawsuit to ask the court to decide the case in their favour without a trial. This is done by demonstrating that there are no genuine issues of material fact and that they are entitled to judgment as a matter of law.
A motion for summary judgment can be made by any party after the issue has been joined in the action. The court may set a specific date after which no such motion can be made, ensuring it's no earlier than thirty days after filing the note of issue. If no date is set by the court, the motion must be made within 120 days of filing the note of issue, unless there is good cause for an extension.
A motion for immediate trial can be ordered by the court when it is deemed appropriate for the expeditious disposition of the controversy. This can occur when the only triable issues of fact arising from the motion for summary judgment relate to the amount or extent of damages, or if the motion is based on any of the grounds enumerated in subdivision (a) or (b) of rule 3211.
The moving party must support their motion with an affidavit, a copy of the pleadings, and other available proof such as depositions, written admissions, and any other relevant evidence or exhibits. The affidavit should be provided by someone with knowledge of the facts, reciting all material facts and demonstrating that there is no valid defence or that the defence or cause of action has no merit.
In summary, an immediate trial in the context of a motion for summary judgment in New York State courts is a procedural device to resolve clear-cut cases without the need for a traditional trial, and the moving party must provide concrete evidence and adhere to procedural requirements to support their motion.
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Frequently asked questions
A motion for summary judgment is a legal procedure that allows a party to a lawsuit to ask the court to decide the case in their favor without a trial. The moving party must demonstrate that there are no genuine issues of material fact and that they are entitled to judgment as a matter of law.
In New York, a motion for summary judgment must be supported by an affidavit, a copy of the pleadings, and other available proof such as depositions, written admissions, and exhibits. The affidavit should be by someone with knowledge of the facts, reciting all material facts, and showing there is no valid defense or that the defense or cause of action has no merit.
A party can move for summary judgment after the issue has been joined in the action. The court may set a specific date after which no motion can be made, ensuring it's no earlier than 30 days after filing the note of issue. If no date is set, the motion must be made within 120 days of filing the note of issue unless there is good cause for an extension.
A motion for summary judgment will be granted if, upon reviewing all submitted materials, the court determines that the cause of action or defense is established sufficiently to warrant judgment in favor of any party. The court may also order an immediate trial if the only triable issues of fact relate to the amount or extent of damages.
