What is a motion for summary judgment in business litigation?

A motion for summary judgment in business litigation is a filing to a court, made by one of the litigants (the parties involved in a dispute), which states that there are no genuine issues to be tried. This motion is used by the litigants in order to ask for a ruling on the matter without the need to go through a trial. The two parties involved in the litigation will present their arguments to the court in support of or against the motion for summary judgment. The court will then make a determination about whether there are any relevant questions of fact which need to be tried. If there are, the motion will be denied and a trial may ensue. In New Hampshire, a motion for summary judgment in business litigation must meet certain criteria in order for it to be successfully granted. This includes, but is not limited to, the absence of genuine issues of material fact or questions of law, the inability of the nonmoving party to produce evidence which would demonstrate a genuine issue of material fact, and a demonstration that the moving party is entitled to judgment as a matter of law. The motion for summary judgment is an important tool in litigation, as it can be a swift and effective way to achieve a decision in the dispute, without the costs and delays of a trial. However, the court still must be convinced that the motion is justified in order to grant it.

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