Does a Summary Judgment have to be on the record? What if there's no proof other than a confirmation.

Asked over 2 years ago - Melrose Park, IL

What makes a Summary Judgment valid? Doesn't the court and its agents (lawyers, judges, the Clerk's Office, etc.) have to give all parties notice?

Attorney answers (2)

  1. Judy A. Goldstein

    Contributor Level 20

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    Answered . A motion for summary judgment requires notice and must follow procedure. Record of its filing should be in the docket sheet or whatever record each clerk keeps. An Order for Summary Judgment must be in writing and of record. It will also be in the court minutes or other record. Are you asking about the motion or an Order for SJ?

  2. Ronald Lee Bell

    Pro

    Contributor Level 14

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    Answered . Summary judgement requires notice of filing and presentment. It does not require a hearing because in order to be granted there must be a finding og no issue of material fact and the movant is entitled to judgement as a matter of law. The judge enters an order with his findings in writing. An appeal of which is denovo. Meaning that the appealate court reviews it anew and do not give deference to the lower court. In other words you get a fresh look by three judges above the one below. I hopevthis helps. Get an attorney appeals are limited in time. If you are late you lose your right

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