What is a motion for summary judgment?

A motion for summary judgment is a legal request made by either the plaintiff or defendant in a civil case. The motion asks the court to rule in favor of one side in the case without a trial. In North Carolina, summary judgment motions are governed by Rule 56 of the North Carolina Rules of Civil Procedure. The purpose of summary judgment is to decide cases quickly and efficiently. To receive a summary judgment, the party must show that there is no genuine dispute of material facts and the law supports a ruling in their favor. This means that the party must provide evidence that there are no facts in contention and that based on the facts, the court should rule in their favor. The evidence must be relevant to the case in question. If the motion for summary judgment is granted, the case is now closed and the court will rule in favor of the party who requested the motion. The court may also deny the motion for summary judgment, meaning that the case will go to trial, where evidence and testimony will be presented for consideration. In North Carolina, either party in a civil case can make a motion for summary judgment, but the court has the final say on whether or not the motion will be granted.

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