What is a motion for summary judgment in business litigation?
A motion for summary judgment in business litigation is a motion filed by one of the parties to a lawsuit which requests that the court grant a judgment in favor of that party without the need for a full trial. In order for a court to grant a summary judgment, it must be clear that there is no genuine dispute as to any material fact and that the movant is entitled to judgment as a matter of law. In Massachusetts, summary judgment can be granted in business litigation if the movant can show that the other party has no reasonable expectation of proving their case. Summary judgment should not be used if there are disputed facts or if a jury would be required to assess the credibility of witnesses. Additionally, the court will only grant summary judgment if the facts in the case are undisputed or if any legal issues can be determined as a matter of law. Summary judgment allows parties to a lawsuit to have a dispute resolved without the need for a full trial. It also saves the parties time and money which can be spent on other matters. Summary judgment should only be requested in cases where there is no genuine dispute as to any material fact and where the party requesting summary judgment is entitled to judgment as a matter of law.
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