When making a motion for summary judgment in an accident case, a medical malpractice case, a car accident case or even a wrongful death case, you are short-circuiting the litigation process and asking for an immediate ruling in your favor.
First, a 'motion' is nothing more than a formal written request asking the court to take some type of action.
A 'motion for summary judgment' is requested the court give you a judgment on a specific issue of law without needing to go to trial and take a verdict.
When you bring their quest for summary judgment to the court, you must support your claim with all the evidence you have. This includes documents, testimony, photographs and more. However, since this request is the same as if you were going to trial, it is absolutely required that you present the evidence to the court in the same form as if you were presenting it at trial.
That means that all of your evidence must be in the proper form and must be authenticated.
In a car accident case, you would want to include police report to substantiate and confirm how the accident happened and that it was entirely the fault of the other driver. However, before the court will consider this evidence, it must be submitted in the proper form, and must be authenticated.
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Medical Malpractice Attorney