What is a summary judgment in a medical device injury case?

A summary judgment in a medical device injury case is a judgment made by a court ruling that no factual issues exist, and that the legal issues should be decided in favor of the ruling party. In California, summary judgment is granted by the court upon motion of either party. The summary judgment motion should be supported by “affidavits or declarations”, i.e. written statements made under sworn oath of truth. The court will then decide whether to grant or deny the motion. If the court grants the motion, the ruling party’s claim is considered proven, and the defendant is not allowed to dispute any of the evidence presented. This means that the defendant cannot introduce alternative evidence or facts that contradict the ruling party’s facts. The court will then rule in favor of the party that filed the motion, without the need for a trial. In medical device injury cases, a summary judgment can be helpful in speeding up the process of litigation, as trial can be an expensive and lengthy process. In addition, a summary judgment can provide the injured party with swift resolution of their injury claim, helping them to receive their compensation faster.

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What is a summary judgment in a medical device injury case?

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