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 both legal requests made in civil procedure in Massachusetts to ultimately try to decide a case without a trial. When a motion to dismiss is filed, the defendant is asking the court to rule that the plaintiff’s case should not proceed further because there is no substantial legal basis for the case. Generally, this motion will be granted if the facts that the plaintiff has presented do not meet certain legal tests or legal requirements. When a motion for summary judgment is filed, the party filing it (which could be either the plaintiff or the defendant) believes that the evidence in the case is so one-sided that there is no need for a full trial with witnesses and evidence for both sides. The party filing the motion is asking the court to make a judgment and rule in their favor because the evidence proves that they should win. In both cases, the court is asked to make a decision without a full trial. However, in the motion to dismiss, the court must decide if the case has merit and should go to trial. In the motion for summary judgment, the court must decide the outcome of the case without a trial because the evidence is so clear.

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

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