INTRODUCTION
Family law deals with legal issues within the family, such as divorce, probate or family violence. It also covers the care and treatment of young persons. Family cases often involve disagreements between parties. These are called contentious cases. Disputes can occur over various issues. Common examples include disputes over divorce, maintenance of a spouse or child, or the authenticity of a will. These disputes can lead to costly and prolonged litigation. Summary judgment is a legal procedure tool that whose aim is to expedite cases by concluding cases before trial process. In this essay, we will explore the aspect of summary judgment in family law cases.
SUMMARY JUDGEMENT OVERVIEW.
Summary judgement is where a party to a dispute may ask the court to rule in their favor without going to trial by using the procedure known as summary judgment. In order to successfully secure a summary judgment, the moving party must show that the law supports their position and there are no real questions of substantial fact. Summary judgment gives the applicant an opportunity for its case to be determined in its favor at an early stage and at a short hearing. The summary judgment process is generally much quicker than going to trial, so this will save time and costs. There may also be a tactical advantage to an application for summary judgment as, even if the applicant is not successful, the other party will have been forced to set out its position and evidence at an early stage.
SUMMARY JUDGEMENT IN FAMILY LAW CASES.
Summary judgment in family law cases: When the facts of the matter speak louder than a lengthy legal battle.
Sometimes, a trial is not a necessary measure to take in a family law matter. Trials can be costly and time-consuming, so when they can be avoided it is beneficial to all involved. A summary judgment motion can allow courts to make a final order where there is no genuine issue requiring a trial. This is only an option if the summary judgment motion can achieve a fair and just process that enables the judge to make the required findings. In other words, a party cannot be disadvantaged by the decision not to go to trial. Courts have determined that the rules pertaining to summary judgment motions should be interpreted broadly so as to further access to courts, reduce costs, and ensure timely adjudication of claims. The process of making a summary judgment motion is as summarized below.
- EVALUATE THE CASE
Before taking any step in a case, evaluating a case is an important step in being able to come up with a solution to a legal problem. Even if the solution seems clear without conducting research, an analysis can help you identify problems you may not be aware of and propose solutions that’ll help settle the family law dispute. In the instance of summary judgment, the evaluation of a case includes accessing whether there are no genuine disputes of material facts.
- FILE A MOTION OF SUMMARY JUDGEMENT
After evaluation of the case, if you believe that the case meets the criteria for summary judgment, your draft and file a formal motion for summary judgment with the court. This motion will include: A concise statement of the undisputed facts that support your position and a legal argument explaining why, based on those facts, the law clearly favors your position.
Supporting evidence, such as affidavits, documents, or deposition testimony, to support your claims.
- SERVE THE MOTION
The party who files the Motion for Summary Judgment is called the “moving party” and can file the Motion if he or she believes that there is no genuine dispute as to any material fact and that he or she is entitled to judgment as a matter of law with respect to some or all of the parties claims or defenses
- OPPOSING PARTY’S RESPONSE
The opposing party has the right to file their defense within the required timeline. The point of the defense should be to argue that there are genuine disputes in the facts and the case should go to trial.
- COURTS DECISION
If the Court grants the Motion for Summary Judgment, the moving party will obtain a final judgment on all or some of the parties’ claims or defenses. If the Court denies the Motion for Summary Judgment, the case will proceed to trial, unless the parties agree to settle the case. Therefore, when the Court denies a Motion for Summary Judgment, the judge is not saying the moving party has lost on the claims or defenses raised in the motion. Rather, the judge is saying that a trial is necessary to determine the outcome of the case.
FAQs on Summary Judgment in Family Law Cases:
- Can summary judgment be used in family law cases?
Yes, but it’s less common. It’s applicable when there’s no genuine dispute over essential facts, like uncontested divorce cases or clear agreement on child custody without the need for a trial.
- What types of family law cases might qualify for summary judgment?
Cases involving uncontested divorce, uncontested child custody, or cases where all essential facts are agreed upon by both parties without any dispute may qualify for a summary judgment.
- What are the advantages of obtaining a summary judgment in family law?
It expedites the legal process, saves time, and can reduce legal expenses. When both parties agree on significant facts or terms, a summary judgment streamlines the court process, offering a quicker resolution.
CONCLUSION
Summary judgments can provide swift access to justice in cases where there is no genuine issue for trial, and can save parties to family law litigation time and money. Courts still need to properly assess each case, however, which requires that all relevant evidence be brought before the judge, including proper financial disclosure.