Civil_Pre-Trial_Proceedings-Motion_for_Summary_Judgment-Captions.xml
Civil_Pre-Trial_Proceedings-Motion_for_Summary_Judgment-Captions.xml
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<p begin="00:00:00.25" end="00:00:05.50">This is your legal minute, brought to you by the Ohio State Bar Foundation.</p>
<p begin="00:00:05.60" end="00:00:11.80">Many times, a civil case is decided by the judge before the case ever comes to trial.</p>
<p begin="00:00:11.90" end="00:00:17.30">The mechanism to do this is through what’s called a motion for summary judgment.</p>
<p begin="00:00:17.40" end="00:00:24.00">This is a motion filed in a lawsuit by either the plaintiff or the defendant, and sometimes both.</p>
<p begin="00:00:24.10" end="00:00:29.00">The motion asks the judge to review everything filed in the case up to that point,</p>
<p begin="00:00:29.10" end="00:00:34.50">and then determine that the opposition has absolutely no chance of winning.</p>
<p begin="00:00:34.60" end="00:00:38.70">What can the judge review? Well, the court looks at the initial Complaint,</p>
<p begin="00:00:38.80" end="00:00:45.70">the Answer and any Counterclaims or other filings; the collection of these filed documents are called “pleadings.”</p>
<p begin="00:00:45.80" end="00:00:53.20">The judge must also review whatever discovery has taken place in the case—admissions, interrogatories and depositions.</p>
<p begin="00:00:53.30" end="00:01:01.10">If, after this review, the judge determines that the party against whom the motion is filed has no chance of winning the trial,</p>
<p begin="00:01:01.20" end="00:01:06.00">the judge will shortcut the process and give victory to the moving party.</p>
<p begin="00:01:06.10" end="00:01:10.00">This legal minute is brought to you by the Ohio State Bar Foundation.</p>
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