The judgment entered on a motion for summary judgment is as real as one entered as a judgment on a jury verdict after trial. The only difference between the two is that the motion for for summary judgment is entered without a full trial, and comes as a result of a court hearing with a judge only.
Findings of Fact and Law are Binding
All the evidence that one party believes entitles him or her to a judgment will be submitted to the judge. It must in all respects be a collection of evidence that qualifies as admissible evidence for a court proceeding.
All evidence the opposing party submits to challenge the entry of summary judgment is submitted in response.
The judge considers all the evidence in support and all the evidence against and then makes a finding of the law that is to be applied and whether a genuine issue of triable fact exists.
If there is no question that the genuine facts are in support of the party bringing the motion, then a judgment can be entered. If a factual question that is genuine to the dispute exists between the parties based on the law the judge has decided applies, then no summary judgment can be entered and the matter must proceed to a trial.
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