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Source Summary Judgment Civil Procedure Matched to this deck.

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0 tracked cards Civil Procedure

A plaintiff moved for summary judgment on one contract claim. While reviewing the papers, the judge concluded that the defendant might be entitled to judgment on a different claim that no party briefed. The judge wants to enter judgment for the defendant on that unbriefed claim.
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The court may grant summary judgment for a nonmovant at any time without warning because summary judgment is always discretionary. Notice is unnecessary if the judge is certain the record is clear. The court may grant summary judgment on an unraised ground only if the losing party is absent from the hearing. The court may grant summary judgment for a nonmovant or on grounds not raised only after giving notice and a reasonable time to respond.

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