What is a motion for summary judgment in civil law?
In civil law, a motion for summary judgment is a legal request typically made by one party in a civil case to a judge asking the judge to make a ruling. Generally, a motion for summary judgment is made when the other party does not have enough evidence to proceed with the case, or when the facts in the case are not in dispute. In the state of Oklahoma, a motion for summary judgment is typically made when one party believes that there is no genuine issue of material fact and that the moving party is entitled to judgment as a matter of law, meaning that the case can be decided without a trial. The motion must be based on an affidavit outlining the facts that support the motion. The opposing party may then file an opposing affidavit or provide other evidence challenging the motion. The judge will then consider the evidence and decide whether or not summary judgment should be granted. If the judge grants the motion, the case is then decided in favor of the moving party without the need for a trial.
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