What is a motion for summary judgment in civil law?
A motion for summary judgment in civil law is a request for a court to render a judgment without the need for a trial. The motion is usually made when there are no underlying issues of material fact that need to be resolved by a jury. In other words, the court can make a decision based on the facts as they are presented by the parties in the lawsuit. In Washington, a motion for summary judgment may be used in either a civil or criminal proceeding. In a civil case, the court may enter a summary judgment if all the material facts are undisputed and no reasonable dispute exists regarding applicable law. If the court grants the motion, it will render a judgment in the favor of the party who filed the motion. In a criminal proceeding, the court may reduce charges to misdemeanors, dismiss criminal cases, or make decisions on issues of law, such as potential defenses. In either civil or criminal proceedings, both parties must present evidence in support of or against a motion for summary judgment. Evidence usually comes in the form of affidavits, admissions, or other documents setting forth facts. It is then up to the court to determine whether the facts are sufficient to render a decision without a trial.
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