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The process of obtaining a summary judgement

On Behalf of | Apr 29, 2020 | Civil Litigation |

Ohio plaintiffs that feel strongly about their ability to win a civil lawsuit may ask for a summary judgement. The process of asking for a summary judgement begins with the plaintiff outlining the facts of the case. This can be done by submitting photos, signed statements or other documents to be reviewed by the judge. The attorney for the plaintiff will create a document describing any laws or previous cases that are relevant to the matter being litigated.

The goal is to convince the judge that the law is clearly on the plaintiff’s side and that there is no reason to continue litigating the case. Before the defendant gets a chance to tell its version of events, the plaintiff will rebut points that it believes that the defendant will make.

When the plaintiff is done presenting their version of events, the defendant will get a chance to make a rebuttal. It may also be possible to introduce new evidence that may cast doubt as to whether a summary judgement is warranted. After reviewing the evidence, a judge may either choose to grant the summary judgement or deny it. In some cases, a judge may rule for the plaintiff even if there is no reason to doubt claims made by the defendant.

In many cases, it is in a party’s best interest to avoid a civil trial if possible. If a party does need to bring a case to court, it’s generally best to end the case in a timely manner. Doing so may minimize the amount of money spent on legal fees or other costs. An attorney may be able to help clients achieve this goal by obtaining a summary judgement.


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