What is a motion for summary judgment?

A motion for summary judgment is a legal procedure used in Kansas courts to resolve a civil case quickly and efficiently. It is when one party in a lawsuit asks the court to rule in its favor based on the evidence presented, without the need for a trial. When filing a motion for summary judgment, the filing party must prove that the facts asserted do not require a trial. The court will assess the evidence and if it concludes no dispute of material facts exists, the motion will be granted. This is known as a summary judgment. In Kansas courts, the filing party must create a statement of undisputed material facts and provide evidence to support their statement. The opposing party can then file an opposing statement, along with any evidence to the contrary. The burden of proof is on the party asking for summary judgment. Ultimately, the court must decide if the filing party has adequately proven that no dispute of material facts exists. If they have, the court will enter a summary judgment in their favor. If not, the court will likely set the case for trial.

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