Legal Question in Real Estate Law in Nevada

Summary Judgement

When a Summary Judgement is denied (even though supporting evidence is to the contrary), doesn't the Judge have to give a reason behind their decision?


Asked on 6/22/07, 11:08 pm

3 Answers from Attorneys

Johm Smith tom's

Re: Summary Judgement

Sorry to say it, but it may have been denied because you didn't have an attorney present your case, if your evidence really was sufficient.

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Answered on 6/23/07, 2:24 pm
Adam Breeden Breeden & Herbe, Ltd.

Re: Summary Judgement

There is no formal requirement that the judge give their reason behind their decision. In cases where summary judgment is granted, the case may be ripe for appeal and the transcript of the hearing case be used to attack the District Court's reasoning. However, denial of a motion for summary judgment is typically not immediately appealable.

I sense that this may be a case you are handling on your own without an attorney. If this is the case, I could only suggest that you retain an attorney. You may not have submitted the proper evidence to support your motion or your legal citations and argument may have been incomplete. Or, you may simply misunderstand the summary judgment procedure. If you like, contact me and we can discuss your case and whether it is a case that I can assist you with.

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Answered on 6/23/07, 6:01 pm
James Smith James E. Smith Ltd.

Re: Summary Judgement

The Judge does not have to give a reason for denying summary judgment, or granting it for that matter.

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Answered on 6/22/07, 11:34 pm


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