![]() #Findings of fact trial#If a case does not involve any questions of fact, the only issues are questions of law, so the fact-finding process of a trial is not needed. ![]() In determining whether to grant a motion for summary judgment, a court may consider admissions by the parties in their pleadings, answers to interrogatories and depositions, and affidavits of personal knowledge of facts.Ī court will order summary judgment in a civil case if there is no genuine issue of fact and, based on the undisputed facts, the moving party is entitled to summary judgment as a Matter of Law. A civil respondent may move for summary judgment at any time after the suit has been filed, but a plaintiff generally must wait a short period after filing the suit (for the defendant to respond) before moving for summary judgment. Summary judgment is a judgment on the merits of the case without a trial. ![]() Whether a particular issue in a civil case is a question of fact or law is significant because it can determine whether a party wins the case on Summary Judgment. It is an issue that is material to the outcome of the case and requires an interpretation of conflicting views on the factual circumstances surrounding the case.Ī question of fact is best understood by comparing it to a Question of Law. An issue that involves the resolution of a factual dispute or controversy and is within the sphere of the decisions to be made by a jury.Ī question of fact is a factual dispute between litigants that must be resolved by the jury at trial. ![]()
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