What is a motion for summary judgment in civil litigation?

A motion for summary judgment in civil litigation in Alaska is a request from either the plaintiff (the person initiating the lawsuit) or the defendant (the person responding to the lawsuit) to the court asking that the judge decide the case without a full trial. The motion is based on facts that both sides agree on, or on the law itself. The purpose of a motion for summary judgment is to eliminate a full trial if it can be shown that no disputed facts exist. If no disputed facts exist, then the lawsuit can be decided on the legal arguments alone. In order for the court to grant summary judgment, they must be confident that the law clearly favours one side over the other. In assessing a motion for summary judgment, the court will examine the evidence presented by both the plaintiff and the defendant carefully to determine if there are any legal issues that need a full trial to determine the outcome. If the law and evidence are not in dispute, then summary judgment is appropriate. Summary judgment can be a useful tool for both parties to determine quickly the outcome of a trial without the expense and time of a full trial. It can also be a way to encourage reasonable settlements without the need to go to trial.

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What is a motion for summary judgment in civil litigation?

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