What is a motion for summary judgment?

A motion for summary judgment is a legal action that takes place in a civil case in Virginia. It is a request that a judge make a final ruling on a case without a full trial. The motion must be backed up with facts that demonstrate there are no genuine disputes of material facts and, thus, the party making the motion is entitled to be granted judgment in their favor as a matter of law. In order to grant the motion, the court must find that based on the facts presented, the party making the motion would win the case. For summary judgment to be granted, no reasonable jury could return a verdict in favor of the opposing side. Summary judgment is used commonly in Virginia civil procedure. It is a quicker, more cost-effective way to resolve cases that do not require a full trial, saving the parties time and money. Courts may be willing to grant summary judgment if there are no material facts in dispute and the parties do not disagree on the legal issues involved in the case. When a motion for summary judgment is made, the opposing side can offer counter-evidence and can file a response to the motion. The court will then hear legal arguments from both sides and make a decision on whether to grant the motion for summary judgment.

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