What is a motion for summary judgment?

A motion for summary judgment is a legal tactic used in civil procedure cases in Hawaii. It is when one party of the case asks the court to make a decision without the need for a trial. This is done when both parties agree that all of the facts needed to decide the case have already been established and that the issues of law are not contested. The party making the motion must present evidence that establishes all of the necessary facts and proves that they are entitled to win the case. The other party can then respond to the motion by either presenting their own evidence or disputing the assertion that all of the facts are established. If the court decides that the motion for summary judgment is proper, then it will make a ruling without requiring a trial. This can save both time and money since the parties do not have to go through the process of presenting their case in a trial. It is important to note, however, that if the court does not grant the motion, then the case will proceed to a trial.

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What is a motion for summary judgment?

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