Legal Memorandum: Summary Decision in an Administrative Proceeding

Issue: What is the legal standard for summary decision in an administrative proceeding in New Jersey?

Area of Law: Administrative Law, Administrative Law & Regulation (Federal and State), Litigation & Procedure
Keywords: Summary decision; Material fact; Matter of law
Jurisdiction: New Jersey
Cited Cases: None
Cited Statutes: N.J.A.C. 1:1-12.5(a)
Date: 11/01/2012

It is well established that the court should grant summary decision “if the papers and discovery which have been filed, together with the affidavits, if any, show that there is no genuine issue as to any material fact challenged and that the moving party is entitled to prevail as a matter of law.”  N.J.A.C. 1:1-12.5(a).  “When the evidence ‘is so one-sided that one party must prevail as a matter of law,’ the trial court should not hesitate to grant summary judgment.”  Brill v. Guardian Life Ins. Co. of Am., 142 N.J. 520, 540 (1995) (quoting Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 252, 106 S. Ct. 2505, 2512, 91 L. Ed. 2d 202, 214 (1986)). 


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