What is a dispositive motion in civil law?

A dispositive motion in civil law is a motion that seeks to resolve an issue in dispute without a trial or other extended court proceedings. In civil law, a dispositive motion can be filed by either party or both parties to a lawsuit. These motions usually involve one party asking the court to decide the outcome of a particular issue without the need for a trial. In Hawaii, dispositive motions can be filed requesting the judge to either dismiss part or all of a case or to enter a summary judgement in favor of one of the parties. When a dispositive motion is filed, the parties must provide the court with evidence on which it can make a ruling. Depending on the complexity of the case and the likelihood of success, dispositive motions may be filed prior to discovery or shortly after the discovery phase is completed. In Hawaii, the filing of dispositive motions is governed by the Hawaii Rules of Civil Procedure. These rules require that the parties provide the court with all relevant and material facts, properly presented evidence, and sufficient legal authority on which the court can make an informed decision. It is important for parties to be aware of the rules governing dispositive motions and to follow them when filing their motion. The decision of the court on a dispositive motion is binding on the parties involved and will affect how the case proceeds. If the court grants the dispositive motion, the matter is generally resolved and the case will no longer proceed to trial. If the motion is denied, then the case will proceed to trial as scheduled.

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