What are the differences between a motion for summary judgment and a motion for judgment on the pleadings in civil litigation?

In civil litigation law in South Carolina, a motion for summary judgment and a motion for judgment on the pleadings are two procedures available to the parties during the course of the litigation process. These two motions can both be used to decide a lawsuit without a trial in some circumstances. A motion for summary judgment is a legal procedure used to make a court decide a case without a full trial. It is based on the claim that there are no genuine issues of material fact, and the moving party is entitled to judgment as a matter of law. In a summary judgment motion, the parties present their evidence and the court determines whether the evidence is sufficient to make a decision without going to trial. On the other hand, a motion for judgment on the pleadings is used when the pleadings of both parties, such as the complaint and answer, are sufficient to allow a court to make a decision without further evidence. This motion occurs after the complaint and answer have been filed, and is used when either party believes the pleadings alone indicate that the party is entitled to judgment as a matter of law. In conclusion, a motion for summary judgment is based on evidence presented to the court, while a motion for judgment on the pleadings is based solely on the pleadings filed by the parties in the case. Both motions are used to make a court decide a case without having a full trial.

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