If a summary judgement is filed and it gets denied will the case still continue to trial?
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Criminal Defense Attorney
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 case-specific legal advice. For more detailed advice or information, please contact or retain a local attorney.
Lawsuit / Dispute Attorney
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.
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