a court order ruling that no factual issues remain to be tried and therefore a cause
of action or all causes of action in a complaint can be decided upon certain facts
without trial. A summary judgment is based upon a motion by one of the parties that
contends that all necessary factual issues are settled or so one-sided they need
not be tried. The motion is supported by declarations under oath, excerpts from
depositions which are under oath, admissions of fact and other discovery, as well
as a legal argument (points and authorities), that argue that there are no triable
issues of fact and that the settled facts require a summary judgment for the moving
party. The opposing party will respond by counter-declarations and legal arguments
attempting to show that there are "triable issues of fact. " If it is unclear whether
there is a triable issue of fact in any cause of action, then summary judgment must
be denied as to that cause of action. The theory behind the summary judgment process
is to eliminate the need to try settled factual issues and to decide without trial
one or more causes of action in the complaint. The pleading procedures are extremely
technical and complicated and are particularly dangerous to the party against whom
the motion is made.
See also cause of action summary adjudication of issues
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