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

Motions to dismiss and motions for summary judgment are both common motions used in civil procedure in Delaware. The difference between the two is that a motion to dismiss is used when a plaintiff is trying to avoid a full trial on the merits of the case, while a motion for summary judgment is used after the discovery phase of the case has been completed and is used to determine whether there are any genuine issues of material fact. A motion to dismiss is used when a plaintiff believes that, even if all of the facts alleged in the complaint are true, they are not enough to win the case. This motion can be filed at any time during the proceedings, before or after the discovery phase, and asks the court to dismiss all or part of the complaint. The court will evaluate the facts alleged in the complaint, any applicable law, and any other relevant matters to determine whether the complaint should be dismissed. A motion for summary judgment is used after the discovery phase and involves a more in-depth examination of the facts. It is used to determine whether any genuine issues of material fact exist, and if there are not, it allows the court to enter judgment for one party without a full trial. This is usually done if the facts are universally accepted by both parties, or if the prevailing party can prove that the facts alleged in the complaint are not enough to survive a motion for summary judgment.

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

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