What is the difference between a motion to dismiss and a motion for summary judgment?

A motion to dismiss and a motion for summary judgment are two separate court motions filed in a lawsuit or legal proceeding. The main difference between these two motions is the amount of evidence each requires for a ruling from the court. A motion to dismiss, which is also known as a “demurrer,” is a legal document filed by one of the parties in a lawsuit that claims there is not enough evidence to prove the merits of the case. In Arizona, a motion to dismiss must be filed before the parties have engaged in any discovery. That means that the party filing the motion to dismiss should not have access to all of the evidence yet, only enough to make the argument that there is not enough evidence to proceed with the case. On the other hand, a motion for summary judgment is a motion to end the lawsuit without a trial. This motion is filed after discovery has taken place and both parties have had a chance to exchange evidence. A motion for summary judgment requires the court to review all of the evidence presented by both parties and make a ruling on whether there is a genuine issue of material fact. If there is not, then the motion for summary judgment will be granted and the case is over. In conclusion, a motion to dismiss requires only enough evidence to argue there is insufficient evidence to proceed, while a motion for summary judgment requires a review of all the evidence presented by both parties. The court will then decide if there is enough evidence to continue with the case.

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What is the difference between a motion to dismiss and a motion for summary judgment?

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