What is a dispositive motion in civil law?

In civil law, a dispositive motion is a legal request for the court to make a ruling based on the facts, evidence, and arguments presented in a case. This type of motion is typically used when an attorney is confident that additional legal arguments or evidence will not change the outcome of the trial. For example, in Kansas, a dispositive motion is often used when an attorney wants the court to make a ruling on a specific issue without the need for a trial. Under K.S.A. 60-256, a party may file a motion for summary judgment. This type of motion asks the court to make a decision based solely on the pleadings and any evidence submitted by the parties. Additionally, a dispositive motion is used when an attorney wants the court to determine the rights of a party without holding a trial. This type of motion is often used when the parties agree on the facts of the case and the outcome is a matter of law. For example, an attorney may file a motion to dismiss for failure to state a claim in which they ask the court to rule that the other party does not have a valid legal claim to pursue. When filing a dispositive motion, the party must provide the court with enough facts and evidence that, if true, would entitle the party to judgment. After a dispositive motion is filed, the opposing party will have an opportunity to respond. If the motion is granted, the court will usually enter a judgment in favor of the party that filed the motion.

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