What is a motion for summary judgment?

A motion for summary judgment is an important part of Civil Procedure in Kansas. It is a legal procedure in which a court can decide a case without a full trial. A party to a lawsuit can file a motion for summary judgment when they believe there are no issues of fact for a jury to decide and that the law supports their position. When a motion for summary judgment is filed, the other party is given a chance to respond. If the other party agrees that there are no issues of fact, then the court can decide the outcome of the case without needing to proceed to a trial. If the other party disagrees, then the motion is denied and the case will proceed to trial. In Kansas, summary judgments are decided based on the pleadings, affidavits and other evidence presented to the court. If the court determines that there are no issues of fact, the motion for summary judgment is granted and the court will issue a judgment. If the court finds that the pleadings, affidavits, and other evidence do not support the motion for summary judgment, then the motion will be denied and the case will move forward to trial.

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