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Dwayne B.
Dwayne B., Attorney
Category: Business Law
Satisfied Customers: 32154
Experience:  Practicing for over 20 years and helped a number of businesses with litigation.
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what does this mean The court may make no credibility determinations

Resolved Question:

what does this mean? The court may make no credibility determinations or weigh any evidence and must disregard all evidence favorable to the moving party that the jury is not required to believe.
Submitted: 5 years ago.
Category: Business Law
Expert:  Dwayne B. replied 5 years ago.
can you provide a few more facts to put this into context? Where are you getting the language that you are asking about? What was the judge's order in response to? What motion or pleading?
Customer: replied 5 years ago.
memorandum and order

this case is before the court on motion for summary; abc corp did not respond to any opposition to the banks allegations failure to respond to motion is taken as representative of no opposition. So motion for summary granted on the corp only; motion for summary denied on the personal to both parties as this would need to be before a trail. as she is explaining she typed the context in question. the case remains scheduled for docket call____

i am the defendant the bank is the plaintiff.
Expert:  Dwayne B. replied 5 years ago.
That is what I suspected.

The standard in a Motion for Summary Judgment is steep. If a MSJ is granted the court is basically saying there is no question in fact or law for a jury to decide. That is why any inferences are decided in favor of the non-movant and credibility is not an issue. The Motion is decided solely on the written evidence presented to the judge.

Also, the part about "must disregard all evidence favorable to the moving party that the jury is not required to believe" is again a statement that all inferences would be decided in the non-moving parties favor.

However, if someone fails to respond to a MSJ then the court assumes that all of the evidence put forward by the moving party is true and correct and says what they say it does.

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