What is a motion for summary judgment in civil litigation?

A motion for summary judgment in civil litigation is a legal method used in civil court cases to determine whether or not there is an issue of material fact. This method is used when the facts in a civil case don’t require a jury trial. It is an application filed by one or more of the parties, usually by a defendant who argues that there is no issue of material fact and they should win the case outright. In North Dakota, a motion for summary judgment is governed by Rule 56 of the North Dakota Rules of Civil Procedure. Generally, the plaintiff must present evidence in writing and by affidavit that there are issues of material fact in dispute. If the defendant can prove that there are no issues of material fact, the motion for summary judgment will be granted and the action will be ended without a trial. The court examines the affidavits and evidence in considering a motion for summary judgment. If the court feels that there is an issue of material fact, it will deny the motion and allow for trial proceedings. If the court felt that there are no issues of material fact, then it will grant the motion and enter judgment for the party in favor of the motion. It is important to note that the court must view the evidence in a light most favorable to the non-moving party in deciding the motion. If the court finds that there are disputed facts, or that the facts lead to different conclusions, the court will deny the motion. In such cases, the matter must be decided by a trial.

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What is a motion for summary judgment in civil litigation?

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