What are the differences between a motion for summary judgment and a motion for judgment on the pleadings in civil litigation?
In civil litigation in Hawaii, there are two types of motions commonly used to resolve a case without a trial: motions for summary judgment and motions for judgment on the pleadings. The primary difference between them lies in the stage of the litigation process at which each is used. A motion for summary judgment is typically made after the parties have conducted discovery and have exchanged the relevant evidence in the case. A motion for summary judgment is a request to the court to make a judgment based on all of the evidence presented. The court must consider all the evidence and decide whether a party has won or lost, regardless of who initiated the action. On the other hand, a motion for judgment on the pleadings is typically made at an earlier stage of the litigation process. In this motion, a party is essentially asking the court to make a decision based solely on the pleadings alone. This motion can only be used when there is no factual dispute and only legal issues must be decided. In summary, the primary difference between motions for summary judgment and motions for judgment on the pleadings is when they are used and the evidence they consider. A motion for summary judgment is made after the parties have exchanged evidence and the court must consider all evidence to decide the case. A motion for judgment on the pleadings is made at an earlier stage and only considers the pleadings for its determination.
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