What is the standard of review on a motion for summary judgment?

When a party in a civil case in Washington files a motion for summary judgment, the court must decide if, based on the evidence presented, a fair-minded jury could not find in favor of the opposing party and reach a verdict. This is known as the standard of review and is often referred to as the preponderance of the evidence. In Washington, the court must review the evidence presented in a motion for summary judgment in the light most favorable to the non-moving party. This means that the court must view any facts presented by the non-moving party in the most favorable way possible. The court may rely on affidavits, depositions, answers to interrogatories, or other written materials to determine which party should prevail. The court must then consider whether, when viewed in the light most favorable to the non-moving party, the facts presented show there is no genuine issue of material fact that could lead to a trial. If there is no such issue of material fact, the motion for summary judgment will be granted. If there is a genuine issue of material fact, the court will deny the motion for summary judgment and the case will proceed to trial. Summary judgment is intended to save time and money by avoiding a full trial if the facts presented do not show that a fair-minded jury would rule in favor of the non-moving party. In Washington, the standard of review on a motion for summary judgment is the preponderance of the evidence.

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