HOW ARE SUMMARY JUDGMENT MOTIONS DECIDED IN THE SUPERIOR COURT OF NEW JERSEY?

The standard for determining summary judgment motions is that, if the pleadings, depositions, answers to interrogatories and admissions on file, together with the affidavits and certifications submitted in support or in opposition to the motion for summary judgment, if any, show that there is no genuine issue as to any material fact challenged and that the moving party is entitled to summary judgment as a matter of law. Under the summary judgment standard, not all issues of fact are relevant to the courts decision of whether to grant or deny summary judgment. Instead, an issue of fact is genuine only if, considering the burden of persuasion at trial, the evidence submitted by the parties on the motion, together with all legitimate inferences therefrom favoring the non-moving party, would require submission of the issue to the judge or jury deciding the facts of the case (called the trier of fact). If a case lacks material factual disputes, the court simply applies the appropriate law ...  more