What is a motion for summary judgment?

A motion for summary judgment is a request made by a party to a civil court case in Idaho for a judge to make a decision based on the evidence presented without a trial. This motion is usually granted when the evidence is clear and there is no dispute regarding the facts or law that is at issue. When a party files a motion for summary judgment, the opposing party must respond by filing a brief outlining any evidence or arguments they believe demonstrate that summary judgment is not appropriate. The judge will then review the evidence and arguments and make a decision as to whether summary judgment is appropriate. If summary judgment is granted, the judge may issue a judgment in favor of the party that filed the motion. This would mean that the case is closed and the parties move on without a trial. If the motion is denied, then the parties will proceed to trial where a judge or jury will consider the case and make a decision. In Idaho, either party may file a motion for summary judgment, though the parties may also agree to refer the case to a mediator and settle the case out of court. If mediation is not successful, the case will proceed to a trial.

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What is a motion for summary judgment?

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