What is a motion for summary judgment in civil litigation?

A motion for summary judgment in civil litigation is a legal motion brought in a court of law indicating that there is no factual dispute among the parties involved in a legal action. This motion is usually used when a defendant argues that the facts present in the case do not support the plaintiff’s claim and that a judgment should be granted for the defendant. In Hawaii, a motion for summary judgment is filed by a defendant in a civil action. It must be supported by a sworn affidavit that states all of the material facts of the case, and is served to the plaintiff. The purpose of the motion is to eliminate the necessity of a trial. If a trial is held, the burden of proof rests on the plaintiff to prove that there are factual disputes in the case. After a motion for summary judgment is filed, the court will review the evidence presented and will make a determination as to whether or not a trial is necessary. If the court finds that there are no material facts in dispute, it will grant summary judgment for the defendant. However, if the court finds that there is a genuine dispute of material fact in the case, then a trial must be held in order to determine the outcome. In conclusion, a motion for summary judgment in civil litigation is a legal motion brought before a court of law in the state of Hawaii that asks the court to decide in favor of the defendant if there are no factual disputes in the case. The motion is served to the plaintiff with a sworn affidavit that states all material facts in the case, and the court will determine whether or not to grant summary judgment for the defendant.

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