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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.
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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 firstname.lastname@example.org. Martin Koop is an attorney licensed to practice in the State of Ohio. Answering your questions does not create an attorney-client relationship between anybody and Martin D. Koop. You should speak with an attorney to whom you have provided all the facts in your case, before you take any actions or make any choices that may impact your legal rights. I am not obligated to answer subsequent emails or phone calls unless you have formally hired me. I wish you the best of luck with your legal matter.Ask a similar question