For summary judgment the rules see rule 215 provide that the court shall grant judgment where the court is satisfied that there is no genuine issue for trial with respect to a claim or defence even if there is a genuine issue of fact or law for trial the court may determine the issue by way of summary trial. A practice note outlining the basic summary judgment framework under frcp 56 specifically this note explains what summary judgment is who may move for summary judgment when to seek summary judgment where to seek summary judgment why a party would or would not want to seek summary judgment and how to seek summary judgment from the court. A motion for summary judgment could be brought by a plaintiff or by a defendant or third party but would only be granted in cases which a presented no genuine issue for trial or b presented a genuine issue for trial but the court was able on the evidence to find the facts necessary to decide the questions of fact and law the interpretation given to the rules was that b was confined to cases in which there was no real dispute as to facts and no issues of credibility consequently . A checklist of practical issues that counsel should consider when drafting a summary judgment motion in us federal district court specifically this checklist discusses considerations before making a motion for summary judgment when to make the motion the papers counsel must include in the motion and serving and filing the motion. Federal summary judgment and related termination motions is a practical resource for federal litigators making or opposing key pretrial termination motions it provides relevant citations supporting and opposing and expertly drafted forms for quickly creating or opposing critical pretrial motions the deskbook also provides insightful practice tips contents cover
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