What is a dispositive motion in civil law?

A dispositive motion in civil law is a motion asking the court to decide a case without a trial. A dispositive motion can be filed by either the plaintiff or defendant in an effort to avoid a trial. In Maine, dispositive motions can be brought under Rule 56 of the Maine Rules of Civil Procedure. This rule provides that the court can decide a case "on the merits" without a trial "if the pleadings, depositions, answers to interrogatories, and admissions on file, together with any affidavits show that there is no genuine issue as to any material fact and that the moving party is entitled to a judgment as a matter of law." Examples of dispositive motions include motions for summary judgment, judgment on the pleadings, and judgments of dismissal. Generally speaking, the court will evaluate a dispositive motion to determine if there is any genuine issue of material fact in dispute that should be decided by a jury. If there are no such issues, then the court will decide the case without a trial. In Maine, courts are required to decide dispositive motions within 120 days after they are filed. If the motion is denied, the parties are usually given a chance to amend their pleadings and the case then proceeds to trial. If the motion is granted, the court will issue a judgment on the merits and the case will be over.

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