In Kansas, a summary judgment is a legal mechanism by which a court can decide a case without a full trial. It is typically granted when there are no genuine issues of material fact in dispute, and one party is entitled to judgment as a matter of law.
Here’s how the process generally works…
- Motion for Summary Judgment – One party files a motion for summary judgment, arguing that there are no genuine issues of material fact in dispute and that they are entitled to judgment as a matter of law. This motion is usually supported by evidence such as affidavits, deposition transcripts, and other relevant documents.
- Opposition – The opposing party has the opportunity to respond to the motion, typically by presenting evidence and arguments to demonstrate that there are genuine issues of material fact that should be resolved at trial.
- Court’s Decision – The court reviews the motion, the opposing party’s response, and any supporting evidence. If the court determines that there are no genuine issues of material fact and that the moving party is entitled to judgment as a matter of law, it may grant summary judgment in favor of that party.
Summary judgment can be granted at any stage of the litigation process, including before trial or even after the trial has begun but before a verdict is reached. It is a useful tool for disposing of cases where there is no genuine dispute over the material facts, saving time and resources for both the parties and the court. Summary judgment is granted only when the evidence overwhelmingly favors one party and no reasonable jury could find otherwise.
