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 distinct motions in Michigan civil procedure. A motion to dismiss is a request that the court dismiss a case because the case does not have the appropriate elements to proceed. It is used when the opposing party has failed to state a claim that is legally sufficient, or when the court does not have the necessary jurisdiction. This motion is made before trial and before discovery has occurred. A motion for summary judgment is used when there is no genuine question as to any material fact, which means that the court can decide the case based on the facts that are given. This motion is typically made once discovery has been completed and the facts have been established. This motion is used to prevent a case from being heard by a jury because the facts, as presented, do not support the legal claim. In summary, the main difference between a motion to dismiss and a motion for summary judgment is that a motion to dismiss is used to end a case before it goes to trial, while a motion for summary judgment is used to end a case before a jury can decide on the facts.

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

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