INTRODUCTION
Business litigation law involves disputes arising out of business and commercial related transactions of a non-criminal nature. Business litigation is a legal proceeding involving business matters. When there is a disagreement between business parties or because of a third party and a lawsuit is threatened or actually filed then the potential lawsuit and all the activities associated with the lawsuit is called commercial litigation. Business litigation law can arise in numerous scenarios, involving a myriad of different types of legal issues. Additionally, business litigation can span across all industries. Therefore, businesses and individuals anticipating involvement in business litigation should seek the advice of litigation counsel experienced in business law. 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 Business litigation 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 BUSINESS LITIGATION
Business litigation: When clarity triumphs over complexity. Summary judgment – the swift path to resolution.
When business disputes arise, many business owners decide to retain the services of a law firm before litigation. Some engage business litigation lawyers in anticipation of a lawsuit or after receiving notice of a suit. Suppose you’re a business owner trying to decide to retain counsel before litigation, or you’ve just been served and are considering hiring an attorney. In either of those cases, it can be helpful to understand the basics of business litigation law before proceeding. Business litigation can be a lengthy process and that’s where a summary judgement comes in to expedite trial. 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 Business related 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 Business Litigation:
- When is a summary judgment applicable in business litigation?
It’s used when there’s no genuine dispute on material facts. For business cases, if contract terms are clear, or evidence overwhelmingly supports one side, a summary judgment expedites resolution.
- What’s the process for seeking a summary judgment in business litigation?
Either party files a motion supported by evidence showing no genuine dispute. The court reviews evidence to decide if a trial is necessary, considering documents, affidavits, and expert opinions.
- What impact does a summary judgment have on business litigation?
It expedites the legal process by potentially avoiding a full trial. Successful summary judgments lead to quicker resolutions, saving time and costs for both parties involved in the business dispute.
CONCLUSION
Summary judgment in business litigation serves well in prolonged legal battles, offering a quicker resolution to expedite trial. However, it is key to note that it also has its complexities and the need for judicial efficiency does not reduce.