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 different types of motions in civil procedure in California. A motion to dismiss is a first step in the civil trial process that occurs before discovery. It is a request to the court to terminate the case without any further proceedings because of a lack of sufficient legal grounds. If a court grants a motion to dismiss, the case is essentially over. A motion for summary judgment is a motion made by either the plaintiff or the defendant, asking the court to decide and rule on the case without a trial. Generally, the parties are represented and have exchanged information, and the judge will determine if a case should be decided by summary judgment. It is used to determine if either party is entitled to a judgment as a matter of law and can only be granted if there is no material dispute of fact. In summary, a motion to dismiss is a request for the court to terminate the case before discovery, whereas a motion for summary judgment is used to decide the case without a trial after discovery has taken place.

Related FAQs

What are the differences between civil law and common law?
What is a motion for an order of contempt?
What is a "slip and fall" lawsuit?
What is the process of filing a motion?
What is the standard of review for an appellate court?
What are the elements of negligence?
What is the judgment/verdict stage of civil procedure?
What are the common defenses in civil law?
What is a motion for a new trial?
What is a motion for summary judgment?

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

Related FAQs

Related Blog Posts