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In terms of the amended Rule 32 of the Uniform Rules, a plaintiff must apply for summary judgment within 15 business or court days after the filing of the defendant's plea.

In order to obtain an order for summary judgment, the claimant has to show that the defendant has no defence. In order to resist the application for summary judgment, the defendant must show that there are issues or questions that ought to be tried.

Summary judgment is a procedure that allows a party to obtain a judgment on all or part of a claim or defence by way of a motion (where evidence is presented to a master or a judge in writing) and without having to proceed to a trial (where evidence is presented to a judge (and possibly a jury) by way of oral testimony ...

According to Rule 166a, a summary judgment should be filed and served no less than 21 days before the hearing. Any response to the summary judgment is due no less than 7 days before the hearing. A party may file a reply to a response, but there is no set time limit for doing so.

Summary judgment is another way to resolve a lawsuit before trial. Such an application is brought where the plaintiff can prove that there is no reasonable defence to the claim, or the defendant can prove that the plaintiff has no reasonable claim against him or her.

A Motion for Summary Judgment can be filed by any party in a lawsuit (defendant or plaintiff) who wants the Court to enter a final judgment on all or some of the parties' claims or defenses before trial.

Is a Summary Judgment A Good Thing? Either a defendant or a plaintiff can request a summary judgment. Although a summary judgment is a favorable result for the motioning party, it can be detrimental for the opponent.

While a summary judgment motion is not a substitute for trial, it is a tool that allows courts to weed out cases that do not need a trial to be resolved. It also allows the court to simplify and streamline the case so that trial is more efficient and focused on the areas of actual dispute.

'(2)(a) within 15 days after the date of delivery of the plea, the plaintiff shall deliver a notice of application for summary judgment, together with an affidavit made by the plaintiff or by any other person who can swear positively to the facts.

While a summary judgment motion is not a substitute for trial, it is a tool that allows courts to weed out cases that do not need a trial to be resolved. It also allows the court to simplify and streamline the case so that trial is more efficient and focused on the areas of actual dispute.