What is a dispositive motion in civil law?

A dispositive motion is a motion filed with a court asking to decide an issue in a civil case without a trial. This type of motion is often based on a legal argument, such as a motion to dismiss a case for lack of standing or a motion for summary judgment based on a lack of evidence. In Massachusetts, a dispositive motion is governed by Mass.R.Civ.P. 12(b). When a party files a dispositive motion in a civil case, the court will usually hold a hearing to determine whether there are any genuine issues of material fact for the jury to decide. If the court decides there are no such issues, the court will grant the motion and rule on the legal issues presented in the motion. If the court believes there are genuine issues of material fact, the court will deny the motion and the case will proceed to trial. It is important to note that in Massachusetts, dispositive motions must be filed before the parties go to trial and must be supported by either affidavits or other documentary evidence. The opposing party has the opportunity to rebut the motion by filing an opposing memorandum of law and introducing their own affidavits or other documentary evidence. The court will then make a decision on the merits of the motion.

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