What must a party do if a summary judgment motion is made against them?

Study for the New South Wales Civil Practice and Procedure Test. Engage with multiple choice questions, comprehensive explanations, and helpful insights. Ace your exam with confidence!

When a summary judgment motion is made against a party, the appropriate response is to enter a defense or appear to demonstrate that there is a triable issue. This means the party must provide evidence or arguments that raise a question of fact that should be resolved by trial rather than simply being dismissed by a judge. The essence of summary judgment is that it is intended for cases where no substantial evidence exists to support one party's case, making a trial unnecessary. Therefore, to counter a motion for summary judgment, the defendant must make a convincing presentation that there are indeed factual disputes that warrant a full trial.

In this context, submitting a new motion in a different court would not address the specific issue at hand and could be seen as an attempt to evade the process. Paying a judgment immediately would be inappropriate because the motion is still being contested. Finally, requesting a jury trial does not directly address the summary judgment motion itself, as the motion is focused on the lack of triable issues rather than a dispute that necessitates jury involvement at that stage.

Subscribe

Get the latest from Examzify

You can unsubscribe at any time. Read our privacy policy