What is a motion for summary judgment?
A motion for summary judgment is a pleading filed by one or both parties in a civil lawsuit in Indiana. This motion asks the court to decide a case without a trial. It is based on the facts that are not in dispute, and asks the court to rule in favor of either party based on those facts. Additionally, it is used when there is no dispute over the material facts of the case and the person or party making the motion is entitled to judgment as a matter of law. To succeed in a motion for summary judgment the party making the motion must show that there are no genuine issues of material fact in dispute. This motion may be granted by the court if there are no facts that are open for dispute. If there are any facts that are in dispute, then the motion will not be granted and the case will go to trial. If granted, the summary judgment motion ends the lawsuit. This can save significant time and money, as a trial can be lengthy and expensive. It also can save the parties from unnecessary discovery costs and other expenses associated with going to trial.
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