Definition from Nolo’s Plain-English Law Dictionary A court
order ruling that certain factual issues are already determined
prior to trial, based on a motion by one of the parties,
supported by evidence, contending that these issues are settled
and need not be tried. For example, in a car accident case there
might be overwhelming and uncontradicted evidence of the
defendant's carelessness, but conflicting evidence as to the
extent of the plaintiff's injuries. The plaintiff might ask for
summary adjudication on the issue of carelessness, but go to
trial on the question of injuries. If there is any question as
to whether there is conflict on the facts on an issue, the
summary adjudication must be denied regarding that matter.
Definition provided by Nolo’s Plain-English Law Dictionary.
August 19, 2010, 5:25 pm