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 requests to the court to make a ruling, but they accomplish different goals. A motion to dismiss, which is also sometimes called a demurrer, is a request by one of the parties in a lawsuit to have the case thrown out before it goes to trial. A motion to dismiss can be based on a number of factors, such as a lack of jurisdiction or failure to meet legal requirements like a statute of limitations. On the other hand, a motion for summary judgment is a request to the court to rule in favor of one of the parties without going to trial. Summary judgments usually come after discovery has taken place and both parties have had a chance to present their evidence. The court reviews the evidence and if it finds that there are no genuine disputes of material facts, then the court rules in favor of one of the parties. In other words, a motion to dismiss is a request for the court to throw out the case before trial, while a motion for summary judgment is a request for the court to rule in favor of one of the parties without going to trial. In Washington state, both motions are governed by the rules of civil procedure.

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

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