Chapter 10 (Summary Judgment) FINAL Flashcards
Summary Judgment
A judgment rendered by a court before trial
Declaration
Statements by witnesses made under penalty of perjury. No notary attestation is required.
Affidavit
Sworn statements by witnesses, and their contents should be drafted so that the facts asserted will be admissible at trial. Required to be witnessed and signed by a notary public.
Summary Adjudication
May be brought on one or more causes of action within a case, one or more affirmative defenses, one or more claims for damages, or one or more issues of duty. (purpose of a summary adjudication is to obtain a decision on at least a partial portion of the case, even if there are trial issues of fact on other portions.