What is a motion for summary judgment in civil law?

A motion for summary judgment in civil law is a request to a court for a final determination of the legal issues in a case without the need for a trial. This is appropriate in cases where all of the required evidence is before the court and there are no factual disputes to be resolved. In Oregon, a party to the case can file a motion for summary judgment before or after trial. If the motion is filed before the trial starts, it is known as a pre-trial motion for summary judgment. However, if the motion is filed after evidence is presented in the trial, it is known as a post-trial motion for summary judgment. The court will review the evidence and make a determination on whether a trial is necessary or if the case can be decided with a motion for summary judgment. If the court finds that no triable issues of fact exist and that the moving party is entitled to judgment as a matter of law, then the court will grant the motion and make a judgment based solely on the legal issues without the need for a trial. In Oregon, if a motion for summary judgment is granted, the court will enter a final judgment ordering the parties to follow the court’s decision. This final judgment can be appealed by the parties to the case, but until the appeal is decided, the judgment is binding on the parties.

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