What is a dispositive motion in civil law?
A dispositive motion in civil law is a court motion which seeks to dispose of an entire case without a trial. This motion can be made by either the plaintiff (the person bringing the lawsuit) or the defendant (the person being sued). The motion must be based on facts or legal arguments, and it may ask the court to make a decision on a certain matter. In South Dakota, dispositive motions are made under the rules of civil procedure, and are usually based on the concept of summary judgment. When a dispositive motion is filed, the opposing party must respond, usually within a certain time frame specified in the rules of civil procedure. If the court rules in favor of the dispositive motion, the case will be dismissed and no trial will be needed. In South Dakota, the court may also deny a dispositive motion, in which case the case will proceed to trial.
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