What are the court rules for a summary judgment hearing?

In California, the rules of civil procedure govern the process of obtaining a summary judgment hearing. This is a hearing in which a court decides whether or not a case can proceed to trial without a jury and without further evidence. First, the party that is seeking summary judgment must file a complaint and supporting documents that state the facts of the case and the legal arguments supporting the requested summary judgment. The opposing party can then respond with their own evidence and arguments. The court will then set a summary judgment hearing, which will be presided over by a judge. At the hearing, the parties will present their evidence and arguments as to why the court should or should not grant the summary judgment. The court may then issue a ruling on the motion. At the hearing, both parties must be present, and the court may hear oral testimony and consider written evidence. The court will also consider the legal arguments made by the parties and make a ruling on the motion. In California, case law holds that the court must consider all the evidence presented, and should not render judgment merely based on the arguments presented by the parties. The court must also make an independent determination of the facts and the law, and render a ruling that is fair to both parties. In conclusion, a summary judgment hearing in California is a court process whereby the court hears the evidence and arguments of both parties and makes a ruling on the motion. During the hearing, the court must consider all evidence presented and make a fair determination of the facts and the law.

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What are the court rules for a summary judgment hearing?

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