What does Judgement W/O trial mean ?

What does Judgement W/O trial mean ?

"Cody"	3/9/2005 10:24:55 PM
Looking at a civil court record I see a judgement W/O trial in the disp part of the record. What is a judgement without trial mean, I didnt think it was possible to even get any kind of judgement without a trial, And there was no service as to any court date either. Thank You



Jonathan Sachs	3/11/2005 9:23:17 PM
On Wed, 09 Mar 2005 22:24:55 -0500, "Cody" <bulldog864@aol.com> wrote: What is a judgement without trial mean, I didnt think it was possible to even get any kind of judgement without a trial, A complete answer would require a course on civil procedure, but there are several ways to get a judgment without a trial. It could be a default judgment (the plaintiff won because the defendant did not appear). It could be a summary judgment (the judge entered a verdict without a trial because the pleadings presented no triable issue of fact). It could be a negotiated, mediated or arbitrated resolution that has been ratified by a court order. There may be some other varieties that don't come to mind at the moment. It's impossible to say whether the specific phrase "judgment without trial" implies one or more of these possibilities without knowing the customs of the jurisdiction where the case was heard. My email address is llm040903 at earthlink dot net.



Paul Cassel	3/11/2005 9:23:55 PM
Cody wrote: Looking at a civil court record I see a judgement W/O trial in the disp part of the record. What is a judgement without trial mean, I didnt think it was possible to even get any kind of judgement without a trial, And there was no service as to any court date either. May be a stipulted judgement (agreed to by all parties) secondary to a mediated agreement. -paul ianal



"Timothy"	3/14/2005 5:46:46 PM
Jonathan Sachs wrote: It could be a summary judgment (the judge entered a verdict without a trial because the pleadings presented no triable issue of fact). Couldn't you also get a summary judgement if the plaintiff's allegations don't add up to anything which would require compensation by the defendant? (In other words, a summary judgement would be issued when the defendant would still win the case even if everything the plaintiff says turns out to be true. Case in point: Jones vs. Clinton, where there were plenty of factual allegations which simply didn't add up to a sexual harassment case.)



Jonathan Sachs	3/16/2005 6:14:02 PM
On Mon, 14 Mar 2005 17:46:46 -0500, "Timothy" <horrigan@aol.com> wrote: Couldn't you also get a summary judgement if the plaintiff's allegations don't add up to anything which would require compensation by the defendant? Yes, absolutely. Iif the plaintiff alleges provable facts but proving all of them true would not justify a favorable verdict, there are no triable issues of fact. In federal civil procedure this situation is called "failure to state a claim." I don't recall whether it typically has a special name in state courts. The reverse is also true. A court can enter summary judgment for the plaintiff if the plaintiff pleads the elements of a claim and the defendant's pleadings fail to contest them or make out a valid defense. The technical formula typically is something like: "treating all of pleadings and supporting documents in the light most favorable to the plaintiff (defendant), the defendant (plaintiff) is entitled to judgment." My email address is llm040903 at earthlink dot net.



"Stuart A. Bronstein"	3/16/2005 6:13:54 PM
"Timothy" <horrigan@aol.com> wrote: Jonathan Sachs wrote: It could be a summary judgment (the judge entered a verdict without a trial because the pleadings presented no triable issue of fact). Couldn't you also get a summary judgement if the plaintiff's allegations don't add up to anything which would require compensation by the defendant? (In other words, a summary judgement would be issued when the defendant would still win the case even if everything the plaintiff says turns out to be true. Case in point: Jones vs. Clinton, where there were plenty of factual allegations which simply didn't add up to a sexual harassment case.) Sure. But if that's the case it might be faster, easier and cheaper to file a demurrer when the complaint is originally served. Stu

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