Notes in 035: Summary Judgments

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Status	Last Update	Fields
Published	09/11/2024	Summary Judgment (Definition)
Published	09/11/2024	Bases for Summary JudgmentThe following are bases for summary judgment:{{c1::Affidavits made on personal knowledge}}{{c1::Depositions of the adverse p…
Published	09/11/2024	What is "Genuine Issue" in Summary JudgmentA genuine issue calls for {{c1::presentation of evidence}}, unlike an issue that is {{c1::sham}}, {{c1::fic…
Published	09/12/2024	When can a claimant move for summary judgment?
Published	09/28/2024	When can a defendant move for summary judgment?
Published	09/11/2024	What is the process for filing a motion for summary judgment?
Published	09/11/2024	Is there a remedy against the court's action on a motion for summary judgment?
Published	09/11/2024	What happens if a summary judgment does not fully adjudicate the case?
Published	09/11/2024	What is the required form of affidavits and supporting papers in a summary judgment?
Published	09/12/2024	What happens if affidavits are submitted in bad faith?If affidavits are submitted in bad faith or solely for {{c1::delay}}, the court may order the of…
Published	09/11/2024	When is summary judgment not proper?Summary judgment is not proper when the pleadings tender a {{c1::genuine issue}}. If the facts in the pleadings re…
Published	09/11/2024	What is the test for the propriety of a motion for summary judgment?
Published	09/12/2024	How does a trial court determine a genuine issue in summary judgments?
Published	09/11/2024	Can a court deny a motion for summary judgment where there is no genuine issue of material fact?
Published	09/11/2024	What is the difference between judgment on the pleadings and summary judgment regarding the issues raised by the answer?
Published	09/11/2024	Who can avail of judgment on the pleadings and summary judgment?Judgment on the pleadings: {{c1::Plaintiff, counterclaimant, cross-claimant, or third-…
Published	09/11/2024	What are the differences in the basis of judgment between judgment on the pleadings and summary judgment?Judgment on the pleadings is based {{c1::only…
Published	09/11/2024	What is the requirement for serving notice in judgment on the pleadings and summary judgment?Judgment on the pleadings: At least {{c1::3}} days before…
Published	09/11/2024	What is the rule on the contents of a judgment?A judgment or final order determining the merits must:{{c1::Be in writing,}}{{c1::Be personally and dir…
Published	09/11/2024	What is the rule on the entry of judgments and final orders?
Published	09/11/2024	When can courts amend judgments before they become final and executory?Courts can amend judgments before finality if {{c1::errors}} or {{c1::improper …
Published	09/11/2024	Can a court amend a judgment that is already final and executory?{{c1::No}}, once a judgment becomes final, it is {{c1::immutable}} and {{c1::cannot b…
Published	09/11/2024	What are the exceptions where courts may amend final judgments?Courts can amend final judgments to:{{c1::Correct clerical errors,}}{{c1::Issue nunc pr…
Published	09/11/2024	What if facts transpire making execution of a final judgment impossible or unjust?
Published	09/11/2024	What is the remedy when a party-heir is excluded after the judgment becomes final?
Published	09/11/2024	What is a judgment nunc pro tunc?
Published	09/11/2024	What is a supplemental judgment?
Published	09/11/2024	What is an amended judgment?
Published	09/11/2024	What is an obiter dictum?
Published	09/28/2024	What is the principle of stare decisis?
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