What is a summary judgement?
Full Question:
What is a summary judgement? Do I need to respond to it and if so within what time frame?
10/04/2007 |
Category: Judgments |
State: Georgia |
#9658
Answer:
The applicable Georgia statutes are as follows:
9-11-56. Summary judgment.
(a) For claimant. A party seeking to recover upon a claim, counterclaim,
or cross-claim or to obtain a declaratory judgment may, at any time after
the expiration of 30 days from the commencement of the action or after
service of a motion for summary judgment by the adverse party, move with or
without supporting affidavits for a summary judgment in his favor upon all
or any part thereof.
(b) For defending party. A party against whom a claim, counterclaim, or
cross-claim is asserted or a declaratory judgment is sought may, at any
time, move with or without supporting affidavits for a summary judgment in
his favor as to all or any part thereof.
(c) Motion and proceedings thereon. The motion shall be served at least
30 days before the time fixed for the hearing. The adverse party prior to
the day of hearing may serve opposing affidavits. The judgment sought
shall be rendered forthwith if the pleadings, depositions, answers to
interrogatories, and admissions on file, together with the affidavits, if
any, show that there is no genuine issue as to any material fact and that
the moving party is entitled to a judgment as a matter of law; but
nothing in this Code section shall be construed as denying to any party
the right to trial by jury where there are substantial issues of fact to
be determined. A summary judgment may be rendered on the issue of
liability alone although there is a genuine issue as to the amount of
damage.
(d) Case not fully adjudicated on motion. If on motion under this Code
section judgment is not rendered upon the whole case or for all the relief
asked and a trial is necessary, the court at the hearing of the motion, by
examining the pleadings and the evidence before it and by interrogating
counsel shall, if practicable, ascertain what material facts exist without
substantial controversy and what material facts are actually and in good
faith controverted. It shall thereupon make an order specifying the facts
that appear without substantial controversy, including the extent to which
the amount of damages or other relief is not in controversy, and directing
such proceedings in the action as are just. Upon the trial of the action
the facts so specified shall be deemed established, and the trial shall be
conducted accordingly.
(e) Form of affidavits; further testimony; defense required. Supporting
and opposing affidavits shall be made on personal knowledge, shall set
forth such facts as would be admissible in the evidence, and shall show
affirmatively that the affiant is competent to testify to the matters
stated therein. Sworn or certified copies of all papers or parts thereof
referred to in an affidavit shall be attached thereto or served therewith.
The court may permit affidavits to be supplemented or opposed by
depositions, answers to interrogatories, or further affidavits. All
affidavits shall be filed with the court and copies thereof shall be served
on the opposing parties. When a motion for summary judgment is made and
supported as provided in this Code section, an adverse party may not rest
upon the mere allegations or denials of his pleading, but his response, by
affidavits or as otherwise provided in this Code section, must set forth
specific facts showing that there is a genuine issue for trial. If he does
not so respond, summary judgment, if appropriate, shall be entered against
him.
(f) When affidavits are unavailable. Should it appear from the affidavits
of a party opposing the motion that he cannot, for reasons stated, present
by affidavits facts essential to justify his opposition, the court may
refuse the application for judgment, or may order a continuance to permit
affidavits to be obtained or depositions to be taken or discovery to be
had, or may make such other order as is just.
(g) Affidavits made in bad faith. Should it appear to the satisfaction of
the court at any time that any of the affidavits presented pursuant to this
Code section are presented in bad faith or solely for the purpose of delay,
the court shall forthwith order the party employing them to pay to the
other party the amount of the reasonable expenses which the filing of the
affidavits caused him to incur, including reasonable attorney's fees, and
any offending party may be adjudged guilty of contempt.
(h) Appeal. An order granting summary judgment on any issue or as to any
party shall be subject to review by appeal. An order denying summary
judgment shall be subject to review by direct appeal in accordance with
subsection (b) of Code Section 5-6-34.