If the judge has just ruled in my favor against a plaintiff’s summary judgement, does this mean that the case is closed?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
If the judge has just ruled in my favor against a plaintiff’s summary judgement, does this mean that the case is closed?
Asked on November 7, 2012 under General Practice, California
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
No, it does not mean that. Summary judgment is only granted when all the evidence adduced or provided to that point in the case (e.g. an written documents, police reports if applicable, affidavits or certifications by parties, etc.) is so clearly in favor of the moving party's case that no rational jury or judge could possible find for the other party. Basically it means the case was a slam dunk for the moving party. If summary judgment is denied, all that means is that the case is not a slam dunk--either there is some evidence for the other party, or there's no enough evidence yet to prove the moving party's case. It doesn't mean that the moving party--here, the plaintiff--can't win; just that he or she can't win yet, without a trial. Denial of summary judgment means the case goes on.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.