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

In Mississippi, a motion to dismiss and a motion for summary judgment are both civil procedure legal tactics used to end a lawsuit before trial. In a motion to dismiss, a party asks the court to end the case because the complaint fails to state a claim. In a motion for summary judgment, the party asks the court to decide the case based on the facts presented in the record and without a trial. A motion to dismiss is filed at the beginning of a lawsuit and a decision is usually based on the legal sufficiency of the complaint. In other words, can the plaintiff make a claim that is legally valid. Even if the facts of the complaint could be true, the court will still dismiss the case if the legal claim is invalid. If the court grants the motion to dismiss, the case is over and the plaintiff cannot try to prove the facts of the case. A motion for summary judgment is filed later in the process once the parties have obtained all the necessary information from the other side. The court then looks at the facts presented to determine whether a reasonable jury could find for the plaintiff or defendant. If the facts as presented by the plaintiff are not sufficient to win a judgment, the court will grant the motion for summary judgment and end the case without a trial. The main difference between a motion to dismiss and a motion for summary judgment is that the latter is based on the facts of the case, while the former is based solely on whether the complaint states a claim.

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

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