What is a motion for summary judgment in civil litigation?
A motion for summary judgment in civil litigation is a legal document filed by one party of a lawsuit to ask a judge to rule in their favor without a trial. In Pennsylvania, a motion for summary judgment can be filed when there are no genuine disputes of material facts, and only legal arguments are being disputed. In other words, if the facts of the case are undisputed and the only disagreement is over the interpretation of the law, a motion for summary judgment can be filed. When a party files a motion for summary judgment, they must provide evidence supporting their version of the facts and the interpretation of the law. The responding party then has the opportunity to provide counter-evidence. The court will then review the evidence and make a decision to either grant or deny the motion for summary judgment. If the motion is granted, the case is decided without a trial. From the perspective of a plaintiff, a motion for summary judgment can be used to expedite a case and potentially reduce litigation costs. It also provides a higher likelihood of success if the case is decided in their favor. From the perspective of a defendant, a motion for summary judgment can also provide a faster resolution, but the outcome can be unfavorable. By filing a motion for summary judgment, one party is essentially asking the court to decide in their favor without a trial, so the risk of an unfavorable outcome is greater for the moving party.
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