What are the steps for filing a motion for summary judgment?
Filing a motion for summary judgment in Maryland requires several steps. First, the plaintiff or defendant wishing to file the motion must prepare a written filing that details the claims or defenses in the case, the facts supporting those claims or defenses, and a request for the court to render judgment as a matter of law in favor of the moving party. This filing must then be served upon the other parties of the case and filed with the court. The other parties then have 20 days to respond to the motion by filing a written response with the court, and must also serve a copy of the response to the moving party. The court may then hold a hearing to weigh the arguments of both parties or may decide the motion without a hearing. If the court decides without a hearing, it may either grant or deny the motion or allow additional time for filing additional evidence or argument. If the court grants the motion, it will enter a judgment based on the evidence presented by the parties. If it denies the motion, the case will continue to trial. It is important to note that a motion for summary judgment is only granted if there is no genuine dispute over the material facts and the moving party is entitled to judgment as a matter of law. In other words, the court must be convinced that the facts of the case would not support a different outcome in the trial.
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