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 legal proceedings in civil procedure in Maryland. A motion to dismiss is usually filed by the defendant in a civil trial. The purpose of this motion is to have a case dismissed before being tried. The plaintiff must provide sufficient evidence to survive a motion to dismiss, otherwise, the case will be dismissed. No evidence is taken or heard from either side during a motion to dismiss. A motion for summary judgment is also usually filed by the defendant. The purpose of this motion is to ask the court to end the case without a trial. The defendant must be able to prove that no dispute of facts exists in order for the court to grant a motion for summary judgment. In other words, the defendant must prove that there are no reasonable disputes of facts. If the defendant can prove this, then the court can rule in favor of the defendant and end the case quickly and without a trial. The major difference between a motion to dismiss and a motion for summary judgment is that during a motion to dismiss the court does not consider any evidence while during a motion for summary judgment the court considers evidence from both sides.

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

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