What is a motion for summary judgment?

A motion for summary judgment is a request made to a judge by a party in a lawsuit. It is designed to end the case without a full trial. In Idaho, the motion for summary judgment procedure is governed by Idaho Rules of Civil Procedure 56. It states that a judge can grant summary judgment if there are no genuine issues of material fact. This means if there is nothing left to dispute, the judge will decide the case based on undisputed facts. To make a motion for summary judgment, the requesting party must present documents and evidence to prove that there is no dispute over the facts and the case can be decided based solely on the facts. The responding party has the opportunity to present their own evidence and arguments. The judge will decide if a full trial is necessary. Summary judgment is usually the preferred method of determining the outcome of a case since it is often faster and cheaper than a trial. However, it is important to note that summary judgment does not necessarily mean that the case will end with a winning party. Summary judgment can also mean that the case is dismissed without prejudice, which means that the responding party can file a new case if they choose.

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What is a motion for summary judgment?

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