What is a motion for summary judgment in civil litigation?

A motion for summary judgment in civil litigation is a motion used to end a case before it goes to trial. This motion is used when the facts of the case are not in dispute and a judgment can be made on the law alone. This motion is typically used in cases that are based solely on legal issues and the facts are not disputed. In North Carolina, a motion for summary judgment is made by filing with the court a "statement of material facts" that is not disputed by the other party. The statement must include a brief explanation of the legal basis for the motion for summary judgment. The court must then decide whether there are any issues of material facts or law that would require a trial. If the court grants the motion for summary judgment, the judge will issue a final judgment without a trial. This final judgment is typically binding and enforceable as a matter of law. This may also allow a party to move for the execution of judgment, such as a money judgment, once the judgment has been entered. In sum, a motion for summary judgment in civil litigation is a motion made to the court when the facts of the case are undisputed and a judgment can be made on the law alone. This motion is granted by the court when it determines that no issues of material facts or law would require a trial. If the motion is granted, the court will issue a final judgment that is binding and enforceable as a matter of law.

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