Motions For Summary Judgment In Civil Litigation | Learn About Law

In this Learn About Law podcast & videoblog, attorney Kevin O'Flaherty of O'Flaherty Law discusses Motions For Summary Judgment in civil litigation. Courts will grant a motion for summary judgment and enter judgment in favor of the party filing the motion when the party filing the motion can show that: (1) there is no dispute as to the material facts of the case; and (2) based on the undisputed facts, the party filing the motion is entitled to judgment as a matter of law.
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O'Flaherty Law has convenient offices located in Downers Grove, Elmhurst, Naperville, Tinley Park, St. Charles, and Lake in the Hills, Illinois, serving DuPage County, Will County, Cook County, Lake County and McHenry County. Its attorneys focus on providing quality legal work, above-and-beyond customer service, and affordable rates in the following practice areas: divorce & family law; estate Planning, wills & trusts; probate & estate administration; litigation, civil law & dispute resolution; business representation & corporate law; guardianship, elder law & special needs law; residential & commercial real estate law; immigration; bankruptcy; and DUI law and traffic & criminal defense.
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[@BeatsFromChicago]

I have never seen a lawyer with so much detail and information on KZbin. You sir are underated.👍

[@jengoodwin7244]

Agreed. Very helpful channel. Subbed.

[@leonbrewer7485]

@@jengoodwin7244 , Well I will say to file a Lawsuit..Or as they say "This is an attempt to collect a debt" Regarding Rutherford Counties Extortion Scandal, Where Rutherford Counties Sherrif Arnold made news in 2015 regarding Rutherford Counties Extortion Scandal "Its not about the money, Its about your debt to society and we Don't arrest for Nonpayment " Its Kinda "ICONIC" , I wasn't able to "DISPUTE" the Settlement Terms and Conditions at The Final Fairness Hearing in Nashville in 2018 regarding Rutherford Counties Extortion Scandal, I wanted to "DISPUTE" it, Due to while a Lot was "HAPPY" with The Terms and Agreement, I was not Happy at all with Terms and Agreement, The whole PCC/Rutherford County pays back What people paid to PCC, Where my "DISPUTE" would of been that's Not Fair, Due to The Second Citation in 2012 when I found out My License was Suspended, By the 3rd Ridiculous reset of Rutherford Counties Ridiculous Smyrna Judge Lynn Aleaxander, I should of been paid Restitution for $300 for the Tow bill, $300 in Loss of Wages for the 10 days in Jail and $300 for the Ridiculous Hassle over The Release form, That's $900 I am owed before I was ever Ilegally put on Probation, and after being put on Probation, Rutherford County/PCC should have to pay for damages of Loss of Wages for times Wrongfully Incarcerated, Bond Fees that got paid, So Forth, Mental Anguish and Hardships...I may of Missed the "DISPUTE" for that one, "BUT" Judge Aleta Trauger ruling in 2018 giving The Tennessee Department of Safety and Homeland Security 60 days to "IMEDIATELY " reinstate 270,000+ Illegally suspended license dating back to 2012...My latest Driving on Suspended in Rutherford County, Rutherford Counties Ridiculous Judge Trey Mcfarlin asked me "What are you going to do if I reset this case?" Its a "PERFECT" time to go before Judge Aleta Trauger, I am seeking 36 million in damages From The Tennessee Department of Safety and Homeland Security for their "REFUSAL" much Like Rutherford Counties "REFUSAL" to Waive My Fees and Fines, The Tennessee Department of Safety and Homeland Security "REFUSED" to reinstate My Illegally suspended license, Claimed Judge Aleta Trauger ruling didn't have no affect on My License...I am also seeking 36 million in damages From Rutherford County for all Rutherford Counties Negligent activities, (It is Legally Documented on Court Reporter Records January 2020 before Rutherford Counties Ridiculous Judge Bennet regarding Rutherford Counties Extortion Scandal, The Waiving of Fees and Fines , That as part of The Settlement Agreement Rutherford County agreed to do so back in 2015 "BUT" hadn't by 2019 due to Rutherford Counties Ridiculous Judges "DENIED" any Such Settlement Exsisted and Claimed No Such Thing as Petitioning the Rutherford County Courts regarding Fees and Fines, Kyle Mothershead argued "Rutherford Counties Negligent activities is why Leon is Behind on Chid Support with his ex wife Rachel Whited in Wilson county " So I am seeking 36 million in Damages from Rutherford County regarding Judge Bennet "ABLEBODIED " Speech regarding all the Ridiculous Fraudulent arrest in 2019 over a 2017 & 2018 Driving on Suspended and I am also seeking 36 million in damages From All-State, Over their 2 Negligent drivers was the cause of 2 wrecks, and esp. How All-State agents handled averting regarding all these Negligent activities to present days, Plus have all the Illegal and Unlawful Child Neglecting Nonsense in Rutherford County erased off My Criminal History....

[@thunderofdragons4171]

Dear Mr. O'Flaherty, I just wanted to say that I was very lucky to come across your very informative videos. Unfortunately I am in New Jersey. However , I fell the urgent need to tell you that while I have diligently pursued every avenue possible to acquire legal assistant beyond the Ocean County Obudsman, because I have no financial resources, there is not a person in the entire state that has been even half as kind and helpful as your assistant Alyssa. Alyssa took a few minutes out of what I am sure is a very busy day to not only be kind to me, but to be helpful as well . Her professionalism, etiquette, courtesy and just plain old kindness has enriched my life i many ways today and I feel so blessed to have had the opportunity to speak to her. She is a diamond in a sea full of pebbles and you sir are blessed to have her. Thank you so very much for your helpful legal assistance but mostly for Alyssa NAMASTE Love & LIght

[@theoderrickevans994]

I am a competent litigant that has won a child support case, I refuse to use an attorney because they are officers of the court and I find that to be a conflict of interest. However, this guy has earned my respect with regards to his assessment and presentation skills.

[@stevenzeigler2383]

I have been studying this for a year now. You are the only attorney who has simplified step by step where I completely understand all the the steps of process in order. The deeper rules can be looked up. Understanding the process is what pro per is missing. Thank you so much for all your time and energy spent. You helped is so much. God Bless You.

[@Learn-about-law]

Hi Steven! Thank you for watching and we are so happy to hear this video was helpful for you! Have a great day.

[@weiqiu3370]

Thank you for teaching. It is a guide for people who just do not have a lawyer for a reason.

[@Learn-about-law]

We really appreciate your feedback, Wei! Thank you for watching!

[@326sailingships]

Awesome video and information. As complete as any I've heard! Thank you.

[@Learn-about-law]

Thanks so much for watching and for the nice comment! - Kevin O'Flaherty

[@HyruleDude]

If defendants appeal their loss of summary judgment in a lawsuit, is it at all possible to settle at a settlement conference while that appeal is pending ?

[@enochgray4910]

great explanation...very helpful...thank you!

[@brianwillson9343]

thank you for the info.

[@alonsomoreno8730]

Thanks for the info. I needed to hear your explanation.

[@Learn-about-law]

I'm glad you found it helpful, Alonso. Thanks for the positive feedback. We'd love it if you subscribe to our channel!

[@cyrusdahnquon9025]

Sir, I like your elaborate explanation. I'm a student of law at undergraduate level in Rwanda. It's a great opportunity to learn from you

[@Learn-about-law]

Thanks for watching, Cyrus! We appreciate the feedback. Please subscribe for more Learn About Law content!

[@letsgoviral777]

Thank you!

[@itajno8985]

Great Explanation. Thank you.

[@Learn-about-law]

Glad it was helpful! Thank you for watching!

[@wheelingsdeborahwilson8142]

Kevin, I want to do the affidavit correctly but am not sure where to find the "rule" mentioned in the Illinois law on Summary Judgements 735 ILCS 5/2-1005 so I was hoping you would reply to this comment below by naming the statute so I can look it up and follow it. Thank you so much for these wonderful educational videos!

[@equilibrium2601]

Great video! So Today at my hearing for civil suit, the plaintiff told the judge they are withdrawing their motion for summary judgment. The judge then told me thank you for coming and said I could go home. Does that mean I won? Do I need to file anything?

[@cuarajhyrojayju4397]

Hi ty for the video I hope you can answer my question I will really appreciate it I'm a prose plaintiff and objecting to summary judgment I already filed my affidavit objection to summary with a list of evidence with a memorandum of law the issue in my case is issue of law and facts my question is do I have to subpoena witnesses in summary judgment trial or just woul be argument between prose plaintiff and attorney? I don't know how this works I'm just going with the motion very hard ty

[@Learn-about-law]

My reply to this comment is very belated. Unfortunately I missed it until just now. I'm having a little bit of trouble understanding your question, but we'd be happy to help if you want to schedule a free consultation by calling [phone].

[@travismelton184]

Cuarajhy Rojayju [[][][][#WhereIsTheCopyRight #KnowWhatsFake

[@allymattcar]

Can you please do a video on Financial Affidavit? Explain if a particular expense (such as home) is still included on there even if one party doesn't work. Include ALL expenses even credit cards on both names? TIA

[@gatesmw50]

How about a comparison of Summary Judgment vs. JMOL ?

[@albertlugassy3610]

Can you include. When filing which document copy send to the other side of party.no one is telling about what to send is the biggest problem. Thanks great video to educate the pro se . We need more help like you.

[@bpmike3464]

How long it take for the motion summery judgement granted?

[@Learn-about-law]

Generally, a Motion for Summary Judgment will take between 3 and 5 months to be fully briefed and heard by the court.

[@shellyconte5343]

What happens when both lawyers in your case, the defendants and plantiffis lawyers both file a motion for summary judgement?,

[@Learn-about-law]

Thanks for your question, Shelly. If both sides file motions for summary judgment at the same time, both motions are fully briefed and ruled on by the court after a hearing, which may be held on both at the same time.

[@jasonleger3030]

Thank you for the straight forward and concise lesson. I wish you guys practiced in Minnesota, I could really use some help. Wondering if you would be available to write a federal pleading at a reasonable rate.

[@kevinoflaherty2790]

Thanks for the nice comment, Jason. We'd be happy to write a federal pleading for you. Feel free to give us a call at [phone].

[@deannalea1515]

Do you offer assistance with litigation? Al La Carte?

[@Learn-about-law]

Hi Deanna, we do offer civil litigation services. Give us a call at 630-324-6666 to get in touch with one of our bankruptcy attorneys and discuss the specifics of your case.

[@pennywagner8487]

Do a video on default judgements please.

[@Learn-about-law]

Thanks for your request, Penny. Here's a link to our article and video on default judgments: www.oflaherty-law.com/learn-about-law/illinois-default-judgments-explained

[@kcmo1992]

In summary judgments court orders are written by the favoring lawyer so that judge can get rid of the case without reading a word of any filing, and this way the judgment won't reflect judge's lack of understanding of the case. Large law firms contribute to judges' re-election campaigns, and judges rule in their favor to return the favor.

[@vegas9440]

Is summary judgment only determined by evidence or can it be by what is said at hearing

[@stevenzeigler2383]

Summary judgment is prior to hearing but at least 20 days after serving a complaint

[@VirtualTBS]

Hi Good Job. I have a case that is basically a well concocted harassment case using the legal systems. It comes down to his bruised ego. however he'd drummed up a conundrum of theories and got his friend attorney to produce an iied case but get this he is using his spouse and staying clear of the suit. the point is 90% of the allegations are bruised ego driven. It did work to damage my public character because he'd properly aligned his preemptive iied with friend in local media, who'd boy sure over impressed him. He must have spent a great deal to get back at me. The case is the least he'd expect to achieve remotely discovery process but the court have already denied his motion to dismiss my unexpected answers basically ID'ing his ego. I want to ask you how best is there a possibility to ask the court to dismiss and offer early pre discovery judgement i.e. Abuse of Purpose. Its obvious his friend attorney did him a favor but now at the risk of being held in contempt of court for lack of due diligence. What are your opinions if any?

[@Learn-about-law]

Thanks for your question, Technique Balance. You might find this video explaining Motions to Dismiss helpful: kzbin.info/www/bejne/n5LEfGBogdeSmck

[@danny1682]

Is it possible for you to tell me the solution to the Hospital providing only partial records to the plaintiff's attorney and misleading statements so that the legal case that was started could not go on. Each time the plaintiff asked for his medical records after that, the Hospital always gave partial records. Also deliberately hid information of scans. Is it possible to sue the Hospital for damages due to corruption, regardless of proof of medical malpractice ? NJersey

[@Learn-about-law]

Hi Danny! Thanks for reaching out to us. We are unable to advise you online. If you call us at (630)-324-6666 or email us at [e-mail], a member of our team will contact you to discuss this further.

[@whitejodeci8926]

Are unanswered admissions and interrogatories enough to win a summary judgement?

[@Learn-about-law]

Good morning! Thanks for reaching out with your question! What you're asking may be specific to your case, and we're unable to answer direct legal questions online. However, you can reach out to us at 630-324-6666 or email at [e-mail]. We release new articles weekly, so check back often as we may have another article soon that answers your question!

[@roxannejoganik3466]

wow

[@acgoodnight5635]

I need help writing brief in Texas I’m disabled

[@Learn-about-law]

Thanks for reaching out to us. We are unable to advise you online. If you give us a call at [phone] or email us at [e-mail], a member of our team will get in touch with you.

[@acgoodnight5635]

Hello My name is Tracey and I need to write opposing brief no attorney Property damage dispute because of low ball amount I No dispute attach My expert join at zoom hearing as evidence I didn’t give bills for rental The deposition questions 11 were irrelevant I answered what was relevant. what evidence was I supposed to give I have record to listen to from court.

[@Learn-about-law]

Thanks for reaching out to us. We are unable to advice you online. If you give us a call at [phone] or email us at [e-mail], a member of our team will get in touch with you to discuss further.

[@jwhit3849]

is it me or does the door move?

[@neogaki]

J Whit matrix glitch

[@roxannejoganik3466]

this is so messed up a matter of law is hard to force

[@albertlugassy3610]

You go to fast slow little thanks