What is a motion for summary judgment in civil law?
A motion for summary judgment is a legal mechanism used in civil law in Arizona and other states. It is a request to the court to make a final decision on a case without a full trial. The basis of the motion is that there is no need for a trial because the facts are clear, and the parties disagree only on the legal conclusions to be drawn from the facts. In Arizona, a summary judgment motion must be supported with evidence, such as affidavits, depositions, or admissions. The movant must clearly and concisely summarize the evidence and explain why there is no need for a trial. The opposing party can file a response to the motion to try to convince the court to deny the motion and proceed to trial. The court may grant summary judgment if it determines that there is no genuine issue of material fact, meaning that no reasonable jury could return a verdict in favor of the nonmoving party. If the court denies the motion, the case will go to trial. If the court grants the motion, it will enter a judgment in favor of one of the parties, and the case is over.
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