What is a motion for summary judgment in civil law?

A motion for summary judgment in civil law is a legal document filed by one party in a lawsuit, usually the defendant. It asks the court to rule in favor of the party filing the motion without a trial. The motion argues that there are no facts in dispute and that the law supports the party requesting the ruling. In South Carolina, motions for summary judgment are governed by the South Carolina Rules of Civil Procedure. The party filing the motion must provide the court with evidence and prove their case with no material issues of fact in dispute. If the court believes that the evidence supports the motion, it will enter a summary judgment in favor of the party filing the motion. This means that the case ends without the need for a trial. Motions for summary judgment can be used to end a case quickly and cost-effectively, but the party filing it must prove their case. It is important to remember that summary judgment is not a substitute for a trial; rather, it is a way to end a case if the facts and the law support a party’s claim. If the facts or the law require further review, then a full trial is necessary.

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