If you have a personal injury claim in Phoenix AZ, the other side may file a motion for summary disposition. If they file a summary motion, you must be prepared to respond to it appropriately. A summary judgment motion asks the court to dispose of the case quickly without holding a full trial. Here’s what you need to know about summary judgment in Arizona:
What is a motion for summary judgment in an Arizona personal injury case?
A motion for summary judgment in an Arizona personal injury case is a request by one of the parties for the court to rule in their favor without the case going to trial. When a party wins a motion for summary judgment, the court rules that there isn’t any dispute about any important facts in the case. The court decides that the right thing to do is to enter judgment for the winning party without evening having a full trial. A motion for summary judgment is called a motion for summary judgment because it decides the case summarily without a trial.
Court rule for summary judgment in Arizona
The court rule for summary judgment in Arizona is Rule 56 of the Arizona Revised Statutes Rules of Civil Procedure. The rule says that either party may move for summary judgment. Summary disposition is appropriate when the facts are not in dispute and the law is clearly on the side of the moving party.
To file for summary judgment, the moving party states what facts are not in dispute. The moving party must explain how the law makes it appropriate to award them summary judgment. The opposing party must identify factual disputes or explain how the law does not support the moving party’s request. The court considers affidavits, deposition testimony, admissions and other evidence to make its decision.
Handling a motion for summary judgment in a personal injury case
Any motion for summary judgment is complex. Whether you’re the moving party or responding to a motion from the other side, how you handle a motion for summary disposition could determine the outcome of the case. If you don’t respond to a motion from the other side, the court may rule against you even if the law and the facts are on your side. If the other side files a motion for summary judgment in bad faith, you can ask the court to award you for the costs of defending the motion including an award of attorney fees.