What is a motion for summary judgment?

A motion for summary judgment is a legal request or action that a party in a civil case can make to the court. The motion asks the court to rule in favor of the requesting party without a full trial. Summary judgment is based on the contention that the facts in the case are not in dispute and that the requesting party is entitled to a judgment as a matter of law. In the Commonwealth of Virginia, a motion for summary judgment must be submitted to the court in writing and must state that there are no material facts in dispute and that the requesting party is entitled to a judgment as a matter of law. A motion for summary judgment has the effect of shortening a trial, which saves both time and money. The court will consider the motion and determine whether it should be granted or denied. If the motion is granted, the court will enter summary judgment in favor of the requesting party. A motion for summary judgment is not appropriate in all cases. In certain cases where there is a genuine dispute over material facts or a need for further evidence, the court may refuse to grant the motion and will order that the trial go forward.

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