Order of Reference and Summary Judgment - Queens County, New York

Order of Reference and Summary Judgment is a legal document that was released by the Supreme Court - Queens County, New York - a government authority operating within New York. The form may be used strictly within Queens County.

FAQ

Q: What is the Order of Reference?A: The Order of Reference is a court order directing a referee to determine and report on specific issues in a case.

Q: What is Summary Judgment?A: Summary Judgment is a ruling by the court without a full trial, based on a determination that there are no material facts in dispute and that one party is entitled to judgment as a matter of law.

Q: What is the purpose of the Order of Reference?A: The purpose of the Order of Reference is to assist the court in obtaining an expert opinion or investigation on specific issues in a case.

Q: Who is the referee in an Order of Reference?A: The referee is a neutral and impartial person appointed by the court to review evidence, conduct hearings, and make recommendations or findings.

Q: How is Summary Judgment different from a full trial?A: Summary Judgment is a quicker and more efficient way to resolve a case without going to trial, as it determines the outcome based on the legal merits of the case.

Q: What happens after the referee issues a report?A: After the referee issues a report, the parties involved may have an opportunity to object, and the court will then make a final decision based on the referee's findings.

Q: Are there any limitations to filing for Summary Judgment?A: Yes, there are limitations to filing for Summary Judgment, such as the requirement that there are no material facts in dispute and that one party is entitled to judgment as a matter of law.

Q: Can either party request an Order of Reference?A: Yes, either party can request an Order of Reference if they believe it will aid in the resolution of the case and provide expert opinion or investigation on specific issues.

Q: What factors does the court consider when deciding whether to grant Summary Judgment?A: The court considers factors such as whether there are any material facts in dispute, whether the issues can be resolved through legal arguments, and whether one party is entitled to judgment as a matter of law.

Q: Can a party appeal the court's decision on Summary Judgment?A: Yes, a party can appeal the court's decision on Summary Judgment if they believe there was an error in the application of the law or in the determination of the material facts of the case.