What is a motion for summary judgment in civil litigation?

A motion for summary judgment in civil litigation is a legal action in which one party requests a court to find that there is no dispute between the parties and, therefore, the dispute should not go to trial. This is generally done when the parties agree on all the facts of the case, but disagree on the legal aspects. In Arizona, a motion for summary judgment must include a statement of facts presented by the moving party that they believe is not in dispute. The motion should also include citations of the applicable law and a statement of how the law should be applied to the facts of the case. The moving party must also provide evidence to support the facts they have presented. The court will review the motion and determine if there is any genuine issue of material fact or if a resolution can be reasonably inferred from the facts presented. If such a dispute or inference exists, the court must continue to trial. If not, the court will enter summary judgment in favor of the moving party. Summary judgment is meant to streamline the civil litigation process when the facts and applicable law are uncontested. However, if the parties disagree on a material fact or disagree on the interpretation of the applicable law, summary judgment cannot be granted. In that instance, the parties must undergo a full trial.

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