Legal Question in Civil Litigation in Michigan

Partial summery disposition

Please explain what Partial Summery Disposition.

What has to be done by , the defendent?

What does the plaintive expect to gain by this action?

Thanking you in advance

Glenn Voisin


Asked on 7/26/03, 5:46 pm

1 Answer from Attorneys

Andrew Prine Andrew W. Prine, P.C.

Re: Partial summery disposition

Because you don't supply details as to the issue involved, I can only give you the most general of answers.

Summary disposition is a motion to have the Court decide all or part of the case as a matter of law. Partial summary disposition in favor of the plaintiff would be determining an issue in favor of the plaintiff prior to trial, instead of allowing the jury to determine it, or not allowing a defense to be argued to the jury.

Examples of partial summary disposition in favor of plaintiff could be a finding that defendant was negligent, that plaintiff was not negligent, that plaintiff's injuries were a serious impairment of body function, or any other issue in a given case. The advantage to plaintiff is that if the motion is granted, plaintiff wins on that issue without taking a chance on the jury deciding it for defendant, or that the jury never hears about an issue that plaintiff does not want the jury to hear about.

If you are a defendant in a lawsuit, you should ask your lawyer to explain this situation in the specific context of your case.

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Answered on 7/26/03, 7:38 pm


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