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In New York, there is the procedure of summary judgment in lieu of complaint CPLR § 3213. This allows a plaintiff in an action based on an instrument to pay money only or a judgment to file a motion for summary judgment and supporting papers with the summons instead of a complaint.
Regardless whether the dispositive motion is for summary judgment or adjudication, the motion must be supported by declarations under oath, excerpts from depositions which are also under oath, admissions of fact by the opposing party and other discovery such as interrogatories, as well as a legal argument (points and authorities). The other ...
The Superior Court is the state court in the U.S. state of New Jersey, with statewide trial and appellate jurisdiction.The New Jersey Constitution of 1947 establishes the power of the New Jersey courts: under Article Six of the State Constitution, "judicial power shall be vested in a Supreme Court, a Superior Court, and other courts of limited jurisdiction."
A "motion to dismiss" asks the court to decide that a claim, even if true as stated, is not one for which the law offers a legal remedy.As an example, a claim that the defendant failed to greet the plaintiff while passing the latter on the street, insofar as no legal duty to do so may exist, would be dismissed for failure to state a valid claim: the court must assume the truth of the factual ...
The New Jersey Superior Court, Appellate Division (in case citation, N.J. Super. Ct. App. Div) is the intermediate appellate court in New Jersey. "The Appellate Division of New Jersey's Superior Court is the first level appellate court, with appellate review authority over final judgments of the trial divisions and the Tax Court and over final decisions and actions of State administrative ...
3. In an Order dated July 11, 2014, this Court granted in part Janssen’s Motion for Summary Judgment, dismissing all of Plaintiffs’ claims except for the negligent failure-to-warn claim. 4. Accordingly, the only claim presented at trial and submitted to the jury was the negligent failure-to-warn claim. 5. Trial commenced on January 23, 2015.
Judgment on the pleadings is a motion made after pleading and before discovery; summary judgment happens after discovery and before trial; JMOL occurs during trial. [ 5 ] In United States federal courts , JMOL is a creation of Rule 50 of the Federal Rules of Civil Procedure .
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