What is a motion for summary judgment in civil litigation?

A motion for summary judgment in civil litigation is a legal maneuver in which a party to a lawsuit requests that a court rule in their favor without a trial. In New Mexico, this type of motion can be filed with the court if the parties agree that there are no disputed facts or issues of law. Essentially, a motion for summary judgment in civil litigation requires one party to provide evidence that they will likely be successful in their case if it goes to trial. This evidence must be clear, convincing, and undisputed in order to convince a judge to grant the motion. If the judge agrees that the facts as presented would lead to a judgment in favor of the moving party, the court may grant summary judgment without a full trial. In New Mexico, the court must determine whether the evidence is sufficient to decide the case without the need for a trial by considering the pleadings, depositions, affidavits, and other evidence presented. If the court finds that there is no genuine issue of material fact, then the court will grant the motion for summary judgment and the case will be brought to a conclusion without a trial. It is important to note, however, that the court must be convinced that the moving party is more likely to prevail in the suit in order to grant summary judgment.

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What is a motion for summary judgment in civil litigation?

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