Motion Practice: Summary Judgment (NJ) | Practical Law

Motion Practice: Summary Judgment (NJ) | Practical Law

A Practice Note explaining summary judgment motions in actions pending in the New Jersey Superior Court, Law Division, Civil Part and nonforeclosure actions in the Chancery Division, General Equity Part. This Note sets out initial considerations for counsel, including the legal standard, how a summary judgment motion differs from a motion to dismiss, who may move for summary judgment, the burden of proof, and the motion's advantages and disadvantages. It also addresses when to move for summary judgment, including how the discovery deadline and briefing schedule impact the motion's timing. This Note also explains summary judgment procedure, including drafting, filing, and serving the motion papers (including the statement of material facts and supporting affidavits and certifications), and the court's decision on the motion.

Motion Practice: Summary Judgment (NJ)

Practical Law Practice Note w-000-2690 (Approx. 22 pages)

Motion Practice: Summary Judgment (NJ)

by Practical Law Litigation
MaintainedNew Jersey
A Practice Note explaining summary judgment motions in actions pending in the New Jersey Superior Court, Law Division, Civil Part and nonforeclosure actions in the Chancery Division, General Equity Part. This Note sets out initial considerations for counsel, including the legal standard, how a summary judgment motion differs from a motion to dismiss, who may move for summary judgment, the burden of proof, and the motion's advantages and disadvantages. It also addresses when to move for summary judgment, including how the discovery deadline and briefing schedule impact the motion's timing. This Note also explains summary judgment procedure, including drafting, filing, and serving the motion papers (including the statement of material facts and supporting affidavits and certifications), and the court's decision on the motion.