What is a motion for summary judgment?
A motion for summary judgment is a legal mechanism a party can utilize in civil procedure (lawsuits between two or more parties) in Arkansas. This motion is a way to end a case without a full trial. It is a request from one party to the court to make a decision in their favor without a trial. In order to make the motion, the two parties have to agree that all the important facts of the case have been presented. The motion then asks the court to decide the case based on the facts presented. If the court grants the motion, the case comes to an end and a final ruling is issued without a trial. The criteria for granting a motion for summary judgment are very specific. The court must examine all of the evidence and determine that there is no genuine dispute between the two parties. The court will also consider whether one party has the legal right to prevail over the other without a trial. In conclusion, a motion for summary judgment is a legal mechanism in civil procedure in Arkansas that allows one party to request that the court make a decision without a full trial if there are no disputed facts and the legal rights of one party support a judgment in their favor.
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