What are the differences between a motion for summary judgment and a motion for judgment on the pleadings in civil litigation?
When it comes to civil litigation in New Mexico, there are two important motions that can be filed - a motion for summary judgment and a motion for judgment on the pleadings. Both motions are used to help expedite proceedings by resolving disputes without having to go to trial. The differences between them are important to know. A motion for summary judgment is a motion that asks the court to decide the case without a trial. It is based on facts that are not in dispute. The motion is made after discovery, which is the gathering of facts and evidence after a complaint has been filed. The motion basically states that there are no factual issues and all the facts point to a certain outcome, so the court should decide in favor of the movant. A motion for judgment on the pleadings is similar to a motion for summary judgment but is made before discovery has been conducted. The motion is based on the pleadings, which are the documents filed in the case that outline the claims and defenses. The motion argues that the facts alleged by the parties do not create a dispute, so the court should decide the case in favor of the movant. In summary, a motion for summary judgment is made after discovery, and is based on facts that are not in dispute. A motion for judgment on the pleadings is made before discovery is conducted and is based on the pleadings. Both motions are used to expedite proceedings by resolving disputes without going to trial.
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