What is a motion for summary judgment?

A motion for summary judgment is a tool used in civil procedure in California. It is a motion by one or more parties in a lawsuit, claiming that there is no real issue of material fact in dispute, and that the court can then rule in favor of the moving party. The motion must state that there is no genuine dispute as to any material fact and that the moving party is entitled to judgement as a matter of law. The motion must be supported by evidence such as affidavits, deposition testimony, admissions, and documentary evidence. Once the motion is filed, the other party must file a response. If there is no dispute as to any material fact, the court can grant summary judgement in favor of the moving party. However, the court will only grant summary judgement if it finds that there are no genuine issues of material fact, and that the moving party is entitled to judgement as a matter of law. In California, summary judgement is often requested by the moving party in order to avoid the costs and time of trying the case. If the court grants summary judgement, the case is resolved without having to go to trial. The court’s judgement can be appealed, but only if there is a substantial legal issue that needs to be addressed.

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What is a motion for summary judgment?

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