What is the process for filing a motion for summary judgment in a business litigation case?
A motion for summary judgment is a tool used in business litigation cases to try and get a ruling in favor of one party without having to go to trial. In New Hampshire, if one party believes they have enough evidence to prove their case without having to go to trial, they can file a motion for summary judgment. The process begins by filing the motion with the court clerk. The motion must include the facts and arguments as to why the court should grant the motion for summary judgment. The filing party must also include any supporting evidence such as affidavits, legal documents, or other evidence that is relevant to the case. Once the motion has been filed, the other party has an opportunity to respond with their own motion. This response must be filed within a certain time frame. The court will then review the motions and the evidence presented by both parties. After reviewing the motions, the court will make a decision as to whether or not summary judgment will be granted. If the court decides that summary judgment is granted, the case will not proceed to trial. The process for filing a motion for summary judgment in a business litigation case in New Hampshire is essentially the same as in any other jurisdiction. The main difference is that the motion must be filed with the court clerk of the particular county, and that any response to the motion must be filed within a specific time limit.
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