在民事起訴一個人, 原告人把傳票寄給了被告人後，而被告人亦作出了抗辯，但原告人覺得被告人的抗辯理據不足，原告人可否向法庭申請簡易判決(第14號命令第1條規則)判被告人敗訴? 什麼是簡易判決? 申請簡易判決是否就不需再要出庭審訊? 謝謝!
- GaryLv 79 years agoFavorite Answer
2. Summary judgement is a one-way trial. Usually, the court must listen to both sides to make judgements. Summary judgement can allow the court to listen to only one side and allow the court to make judgment based on that one-sided story.
Please note - this one-sided story can be from either side (The Plaintiff asked for judgement favour to him/The Defendant asked for dismissal favour to him).
Based on what you have said, I don't think you have enough reasons for summary judgement. Remember - whoever request for summary judgement has to make the case.
The following example can be used to understand summary judgement:
You borrowed Mr. A $50,000 with a promissory note, payable on July 1. However, you failed to pay back on July 1. Mr. A can sue you in the court, and use summary judgement (by presenting the note) to ask the court to award you the amount set by the note.
3. No - as the non-requesting party can object the summary judgement (only if there is proof).