SUMMARY JUDGEMENT IF...

Asked over 1 year ago - Cincinnati, OH

If a summary judgement is filed and it gets denied will the case still continue to trial?

Attorney answers (3)

  1. Andrew A Esposito

    Contributor Level 13

    1

    Lawyer agrees

    Answered . Yes

    Mr. Esposito is a Ohio-licensed attorney only. The information is not, nor is it intended to be, legal advice. You... more
  2. Jacob Thomas Will

    Pro

    Contributor Level 8

    Answered . A motion for summary judgment is essentially a legal tool to have the case disposed of on the merits prior to trial. The standard is whether there is a genuine issue of a material fact regarding the issues raised in the pleadings. If there is no genuine issue of fact, the motion should be granted, and the case would be over. However, if there is a genuine issue of material fact, then the case would proceed to either a bench trial or a jury trial.

    The answer provided herein does not constitute an attorney-client relationship, and should not be construed as... more
  3. Martin Dennis Koop

    Contributor Level 10

    Answered . If Summary Judgment is denied, the case will be set for trial, although it may also be scheduled for mediation or negotiated to settlement by the parties prior to trial. The denial of summary judgment may be an indicator as to the strengths and weaknesses of the party's respective positions and a re-evaluation of the claims which would be presented at a trial. If you are at summary judgment stage and preparing a case for trial, your attorney should be able to more fully advise you. If you are unrepresented, you may want to consider hiring an attorney to help you.

    You can reach Martin D. Koop at (419) 447-2521 or martinkoop@martinkoop.com. Martin Koop is an attorney licensed... more

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