What is a motion for summary judgment?

A motion for summary judgment is a type of court filing used in civil procedure in North Carolina. It is a motion made by one of the parties in a court case to the judge asking for a decision to be made without a full trial. The motion is based on the idea that there is no real dispute of fact and the matter can be decided based on the facts presented in the case. To make a motion for summary judgment, one of the parties will provide legal arguments and evidence that supports their position. This could include affidavits, documents, and other evidence that they believe will prove that the case should be decided in their favor. The opposing party also has the opportunity to present legal arguments and evidence that support their position. The judge will then examine the evidence from both parties and make a ruling on the motion. If the judge decides there is no dispute of fact and the case can be decided without a full trial, then the motion will be granted. If the judge decides that there are genuine disputes of fact that require trial, then the motion for summary judgment will be denied. This motion can be especially beneficial for both parties as it can save them time and money by avoiding a full trial. This is why a motion for summary judgment is an important part of civil procedure in North Carolina.

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What is a motion for summary judgment?

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