What is a motion for summary judgment in business litigation?

A motion for summary judgment is a procedural tool used in business litigation in South Carolina. This motion is filed by a plaintiff or defendant in a civil case and asks the court to rule in their favor based on the evidence presented. In effect, the motion is a request for a “summary” of the facts of the case and a decision on who should win without the need for a trial. The party who files the motion must prove to the court that there is no dispute of the facts in the case and that they are entitled to a judgment in their favor without a trial. This requires the filing party to present facts which, when taken as true, show that the other party would not be able to win at trial. The party who is opposing the motion must then present evidence that there is a dispute as to the facts that must be decided by a jury. The court must then determine whether there are any genuine disputes of material fact in the case that require a trial. If there are no such disputes, the court will grant a motion for summary judgment and rule in favor of the party who filed the motion. If there are genuine disputes of fact, the court will deny the motion for summary judgment and the case must proceed to trial.

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What is a motion for summary judgment in business litigation?

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