What is a motion for summary judgment?

A motion for summary judgment is a legal request for a decision made in a civil court proceeding in Maryland. It is usually made when both parties in the case agree that all the facts needed to decide the case are known and no further evidence needs to be gathered. The judge must then decide the case based on the evidence provided. A motion for summary judgment can be used in a case when a party believes that the evidence shows that they should win the case without a trial. This motion can be made by either the plaintiff or the defendant. The motion argues that there is no genuine issue of material fact in dispute and that the moving party is entitled to a judgment as a matter of law. The motion must be supported by affidavits, depositions, and other forms of evidence. The opposing party then has a chance to reply and file their own counter-evidence before the judge makes a ruling. Depending on the judge’s decision, the case may or may not proceed to a full trial. If the judge grants the motion for summary judgment, then the court is deciding for the moving party and the case is over. However, if the judge denies the motion, then the case will proceed to trial. If a judge denies the motion, the judge believes there are still factual issues that need to be decided in order to determine the outcome of the case.

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