What is a motion for summary judgment in business litigation?
A motion for summary judgment is a legal tool used in business litigation cases in Colorado. It is a request for the court to make a decision without a full trial. The motion requires the court to review evidence and decide whether there is enough evidence to grant the motion. The motion is used when both sides agree on the facts of the case. This means that one side does not contest the facts, so a trial is not needed. When the facts are in dispute, a motion for summary judgment will not be granted. The party filing a motion for summary judgment must provide evidence that proves their case and why the other party should not win. The other party may also provide evidence to try to refute the motion. The court will look at the evidence and decide whether summary judgment should be granted. If the court grants summary judgment, this means that the case is over and a trial is not needed. This can save a lot of time and money for both parties. Ultimately, the court must decide if the evidence is clear and convincing enough to grant summary judgment.
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