Motion for Summary Judgment/Partial Summary Judgment in Oklahoma

What Is a Motion for Summary Judgment/Partial Summary Judgment?

Background

“Summary judgment is proper only when there is no genuine issue of any material fact, and the moving party is entitled to judgment as a matter of law.” (See Green v. Jacobson (1998) 963 P.2d 26, 27.)

“All conclusions and inferences drawn from the evidence must be viewed in the light most favorable to the party opposing the motion.” (See id.)

“Even if the basic facts are undisputed, summary judgment should be denied if reasonable persons might reach different inferences or conclusions from the undisputed facts.” (See id.)

General Information for Complaints and Motions

“Summary judgment is provided for in Rule 13, Rules of District Courts for Oklahoma.” (See Martin v. Chapel, Wilkinson, Riggs, and Abney (1981) 637 P.2d 81, 84.)

“It was formulated to allow prompt disposition of cases in which material facts are not in dispute and in which a court could decide the case as a matter of law.” (See id.)

“The summary judgment procedure is properly invoked when it serves to eliminate a useless trial but, of course, not when it would defeat a litigant's right to have a jury resolve a factual issue bearing significantly on the outcome of the case.” (See id.)

“The party moving for summary judgment bears the burden of demonstrating the absence of a genuine issue as to any material fact.” (See id.)

Standard of Review and Burdens of Proof

“Where a party submits evidentiary materials in support of a motion to dismiss, the motion to dismiss is treated as a motion for summary judgment.” (See Schoenhals v. PSR Investors, Inc. (2013) 299 P.3d 874, 876-77.)

“We review an order granting a motion for summary judgment de novo, without deference to the trial court's ruling.” (See id.)

“Summary judgment will be affirmed only if the appellate court determines that there is no dispute as to any material fact and that the moving party is entitled to judgment as a matter of law.” (See id.)

“Summary judgment will be reversed if the appellate court determines that reasonable men might reach different conclusions from the undisputed material facts.” (See id.)

The Court’s Decisions

It is well settled that “when a court adjudicates a summary judgment motion a burden is placed on the movant in the sense that all inferences and conclusions to be drawn from the evidentiary materials must be viewed in the light most favorable to the non-moving party.” (See Colton v. Huntleigh USA Corp. (2005) 121 P.3d 1070, 1073.)

It is also well settled that “an award of summary judgment is reviewed de novo on appeal, and this is a plenary, independent and non-deferential re-examination of the trial court's ruling.” (See Colton v. Huntleigh USA Corp. (2005) 121 P.3d 1070, 1073.)

Documents for Motion for Summary Judgment/Partial Summary Judgment in Oklahoma

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CJ-18-63 JOHNSON VS MARTIN INDEX

9 pages

INTHE DISTRICT DURT OF SEMINOLE COUNTY, STAT F OKLAHOMA MA JOHNSON, JEREMY ’ SEMINOLE COUNTY, OKLAHO . . wi INTHE DISTRICT COURT PLAINTIFF, …