A Motion for Summary Judgment (MSJ) is when a judge makes a ruling on all causes of action in a case. A Motion for Summary Adjudication (MSA) is a ruling on each cause of action individually. So, an MSJ is a broad view of the case such as liability and the defendants involved in the case. An MSA is a narrowed view, only focusing on specific things such as punitive damages or evidence.
What is a Motion for Summary Judgement (MSJ)?
A motion for summary judgment is filed when a party is arguing that there can be no real dispute about material facts, and the moving party is entitled to win the case as a matter of law. A motion for summary judgment does not allow the court to decide issues of fact, but to examine the pleadings and proof to determine if a trial is necessary.
In a motion for summary judgment, the court can consider all evidence in the record, even if the evidence was not cited in the pleadings. However, the court can only consider evidence that would be admissible at trial.
What is a Motion Summary Adjudication (MSA)?
A motion summary adjudication (MSA) is a legal ruling made by a judge in a civil case to decide on one or more issues in a case without resolving the entire case. This motion is a way to resolve specific issues in a case without going through a full trial. The party seeking summary adjudication is asking the court to rule on a particular issue or issues at the heart of the dispute. An example of this could be whether punitive damages in a personal injury case are justifiable or not.
To obtain a summary adjudication, a party must demonstrate that there are no disputed issues of fact on the specific issue or issues at hand, and they are entitled to judgment as a matter of law. So, in the case of punitive damages, a judge can rule that there is enough evidence that they can be presented in court, or they can deem there is not enough evidence for punitive damages to be a part of the case.
Key Differences Between MSJ and MSA
A summary judgment can resolve the entire case while a summary adjudication only resolves specific issues and not the entire case. Summary adjudication is often used when discrete legal issues can be resolved without going through a full trial. On the other hand, summary judgment is used when there are no genuine issues of material fact that need to be resolved at trial.
Get Legal Assistance for Your Personal Injury Case
Maison Law has years of experience dealing with summary judgement hearings. It is essential to have a skilled team of Personal Injury Lawyers on your side to prevent your case from being dismissed and to protect your right to compensation. Contact Maison Law today for a free consultation and case evaluation.
