Genuine dispute

What genuine dispute means

In practice, you will see genuine dispute in pleadings, motions, orders and court rules. The definition above explains the general meaning. Even so, the meaning can shift with context. Therefore, always read it alongside the rule or document where it appears.

Where genuine dispute comes up

For example, the term appears in these procedures:

• Motion for Summary Judgment (Fed. R. Civ. P. 56): a motion asserting there is no genuine dispute as to any material fact and the movant is entitled to judgment as a matter of law.

How to research the term

Start with the primary source. For example, if genuine dispute appears in a federal rule, read the rule itself and its official notes. After that, check your court’s local rules and any standing orders from the judge. In addition, search recent decisions from your own state or federal district. They show how courts read genuine dispute in practice. Because state rules often differ, our state procedures guide links to each state’s official rules. Above all, make sure the version you read is still in force.

You can read the official rule text online for free.

Related legal terms

• Summary judgment: judgment without a trial because there is no genuine dispute as to any material fact and the movant is entitled to judgment as a matter of law.
• Material fact: a fact that could affect the outcome of the case under the governing law.
• Burden of proof: the obligation to prove a fact or claim to the required standard.
• Preponderance of the evidence: the usual standard of proof in civil cases: the fact is more likely true than not.
• Damages: money awarded to compensate for a loss or injury.

Why precise terms matter

Courts read legal terms closely. As a result, knowing the exact meaning of a word helps you follow orders, rules and filings. Each glossary entry on Lawtopolis is short on purpose and links to the pages where the term is used.