What is the difference between a settlement conference and a motion for summary judgment?
A settlement conference and a motion for summary judgment are two important steps in the civil litigation process in Arkansas. A settlement conference is a meeting between the plaintiff and defendant (or their attorneys) to try and settle the claims between them without going to court. The conference is usually held before the case is filed or after the complaint is filed but before the trial. During this conference, both parties discuss the case and try to come to an agreement. This agreement is typically in the form of a written settlement, which is then submitted to the court for approval. By contrast, a motion for summary judgment is a legal filing that asks the court to make a ruling in the case without a trial. The motion is made by one of the parties in the case (plaintiff or defendant) and looks at the facts of the case to decide if one of the parties is entitled to a judgment as a matter of law. If successful, the court will grant the motion and enter judgment in favor of the party who brought the motion. In summary, a settlement conference is a meeting intended to help the parties reach an agreement, while a motion for summary judgment is a legal filing in which one of the parties asks the court to make a ruling without a trial.
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