What are the steps for filing a motion for summary judgment?
Filing a motion for summary judgment is the process for requesting a court to make a judgment on a case without a full trial. In Kansas, the steps for filing a motion for summary judgment are as follows: 1. Prepare the motion - A motion for summary judgment should contain information as to why a judgment should be handed down based on the evidence presented. The motion should explain why no triable issue exists on the facts of the case, that the court can rely upon to make a decision. 2. Request additional information from the other side - The party filing the motion must request the other side to provide additional evidence or details that could support their position. 3. Serve the other side - Once the motion is ready, the party filing the motion must serve it on the other side. An affidavit of service must also be filed in the court to prove that the other side was served. 4. File the motion with the court - The motion must be formally filed with the court by submitting a copy of the motion and evidence to the court. 5. Attend the hearing -After the motion is filed, both parties must attend a hearing. This is when the court will decide if a judgment should be granted. Once the judge has granted the motion, the case is officially decided and can no longer be litigated. It is important to note that a court will not grant a motion for summary judgment unless there are no triable issues of law or fact and the evidence supports it.
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