Motion for Judgment as a Matter of Law

Motion for Judgment as a Matter of Law

Not all important facts are up for debate, and so a judgment must be entered in favor of one party. Known as a summary judgment, this concludes the case without going to court. It is the job of the judge or jury to reach a verdict on the truth of a case based on the evidence presented. Without a trial, it’s impossible to know whether or not the facts are correct. Instead, a motion for summary judgment will be filed by the party who believes that the undisputed facts require a ruling in its favor. If there are no disputed facts, this motion asks for a ruling in favor of the party who filed it, and it claims that the law requires it.

The word “a blunt instrument” is used to describe summary judgment, which can be used to end a case quickly. A party seeking to avoid a summary judgment must present the court with evidence that would be admissible at trial, proving the significance of the relevant facts. It is impossible for the court to enter a judgment if it agrees with the opposing party and finds that the key facts are in dispute.

Learn more about motion for judgement from Norris Injury Lawyers Bessemer AL below.

A Motion for Default Judgment

Defendants are in default if they fail to respond to the complaint or file a motion to dismiss within the time period specified in the summons. The plaintiff can ask the court clerk to record the fact that the defendant has defaulted, a process known as “entry of default.” If a defendant is declared in default, it means that he or she will be unable to contest their liability to the plaintiff because they have failed to appear in court. Instead, the sole issue at stake is the amount of damages the plaintiff is entitled to. If the court finds that the defendant has defaulted, it will send a notice to that effect.

The entry of default may be set aside or vacated (undone) if the defendant is in default, acts promptly, and has an appropriate excuse. It is common for courts to grant a move to vacate entry of default because they prefer to determine matters based on their merits rather than procedurally. However, in other situations, a court will rule that the defendant’s explanations are insufficient and refuse to set aside or dismiss the default entry.

Dismissal on the Spot

When a word is used that signifies “on one’s own will” or “voluntarily,” it is known as “sua sponte.” If a move to dismiss the case is filed without any input from one of the parties, it is known as a sua sponte dismissal. Most of the time, judges order the dismissal of a case out of the blue when they find flaws in the proceedings. In the event that a judge discovers that the court lacks jurisdiction, he or she may dismiss the case.


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