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How to Appeal Summary Judgment?

James H. Sterling • • 7 min read
How to Appeal Summary Judgment?

Review your evidence.
In order to successfully appeal, you will have to show that an issue of material fact exists for the jury to decide. You should review the motions for summary judgment as well as the court's written order. You cannot present new evidence on appeal.

How do I appeal a summary Judgement?

The process is as follows: Within 30 days after Judgment is given: Complete the Notice of Appeal form and file it at the Provincial Court Office where the Judgment was given. The party who is appealing the decision is referred to as the Appellant and the opposing party is called the Respondent.

Can a summary judgment be overturned?

If the motion is granted, the judgment on the issue or case is deemed to be a final judgment from which a party may seek an appeal. The court of appeal can reverse the grant of summary judgment and reinstate the claim in the lower court. However, this is rarely done and most summary judgments are upheld on appeal.

James H. Sterling
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James H. Sterling

James Sterling reports on renewable energy developments, climate policy, ecological conservation, and green tech innovations around the globe.