MOTION FOR SUMMARY JUDGMENT

MOTION FOR SUMMARY JUDGMENT

motion for summary judgment. A request that the court enter judgment without a trial because there is no genuine issue of material fact to be decided by a fact-finder ¡ª that is, because the evidence is legally insufficient to support a verdict in the nonmovant’s favor. ? In federal court and in most state courts, the movant-defendant must point out in its motion the absence of evidence on an essential element of the plaintiff’s claim, after which the burden shifts to the nonmovant-plaintiff to produce evidence raising a genuine fact issue. But if a party moves for summary judgment on its own claim or defense, then it must establish each element of the claim or defense as a matter of law. Fed. R. Civ. 56. ¡ª Abbr. MSJ. ¡ª Also termed summary-judgment motion; motion for summary disposition. See SUMMARY JUDGMENT. [Cases: Federal Civil Procedure 2533; Judgment 181(2), 183. C.J.S. Judgments ¡ì¡ì 252, 254¨C257, 259, 267¨C268, 274.]
What is the preferred translation of the term MOTION FOR SUMMARY JUDGMENT by Chinese lawyers?
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