Litigation ENewsletter October 21 2010

Summary Judgment Motions
In any civil case, once all parties have had a chance to conduct some discovery proceedings, the essential facts of the case tend to come to light. By the time the parties are ready for trial, the operative facts and the legal grounds on which the case will be decided are usually known by attorneys on both sides — even if the attorneys may not agree on the merits of the law or the relevance of the facts. Since trials are both expensive and, too often, unpredictable, one or both parties in litigation will often file a motion for summary judgment with the court before the case proceeds to trial.