What is a motion for summary judgment?

A motion for summary judgment is a legal tool used in civil proceedings in Hawaii. It is a request from one party to the court to find in their favor without having to go to a full trial. In order to do this, the party requesting the summary judgment must prove that the facts of the case are so clear-cut, there would be no dispute between the two sides. When a motion for summary judgment is filed, both parties must present evidence to the court, usually in the form of exhibits, documents, affidavits, or testimony. The court will then review all the evidence presented and decide if the facts are so clear the case can be decided without a trial. If the court finds that enough evidence has been presented, it will grant the motion and issue a final judgment. If the court denies the motion for summary judgment, the case will proceed to trial. In this situation, the civil case will be heard before a jury, who will hear the evidence and testimony presented by both sides. The jury will then decide who is right and who is wrong, and will award damages or other forms of relief as appropriate. In Hawaii, motions for summary judgment are an important part of civil procedure and can be used in a variety of different legal situations. By using this tool, it is possible to speed up the process of reaching a verdict in a civil case.

Related FAQs

What is a motion for sanctions?
What is the purpose of a deposition?
What are the applicable statutes of limitations?
What is the motion stage of civil procedure?
What is the doctrine of res judicata?
What is a change of venue?
What are the rules for alternative dispute resolution?
What is res judicata and collateral estoppel?
What are the rules for amending pleadings?
What is the difference between a motion to dismiss and a motion for summary judgment?

What is a motion for summary judgment?

Related FAQs

Related Blog Posts