Summary dismissal, more commonly known as summary judgment, is a ruling by a judge in a civil proceeding that disposes of a case without a trial. A judge summarily dismisses a case, or grants summary judgment, when no dispute over any material fact exists and one of the parties to the civil litigation is entitled to judgment as a matter of law.
Any evidence that is admissible at a trial may be included as exhibits when a party makes a motion for summary judgment in a case. A court typically schedules oral arguments when a motion for summary judgment is filed to give the parties an opportunity to more fully explain their positions.Learn More
In legal terms, the phrase "bound over for trial" indicates that a judge believes that there is probable cause for a case to proceed to trial, according to the American Bar Association. Probable cause means that there is enough evidence to credibly suggest a defendant's guilt.Full Answer >
Voluntary dismissal is the termination of a lawsuit due to a withdrawal from the case by the plaintiff, the person who initially filed the case. Voluntary dismissal occurs before the court where the plaintiff must formally withdraw the case he brought forth.Full Answer >
According to the American Bar Association, a pretrial hearing is often used to help the judge manage the case, help establish a time frame for all pretrial activities and set a tentative date for the trial. In some instances, a judge may refer special cases, such as child custody hearings, to a special program including dispute resolutions or arbitration.Full Answer >
A merit trial, also known as a trial on merits, focuses on the basic facts of the case. USLegal explains that the judge hears arguments and facts from both sides and decides the case on the merits of each, which is how merit trials in Maryland and throughout the United States function. In such a trial, the plaintiff has the burden of proof.Full Answer >