What are the court rules for a summary judgment hearing?
A summary judgment hearing is a court process in which a judge decides whether an issue must be decided by a jury or can be decided by the judge in Maryland civil procedure. The court rules for a summary judgment hearing involve the parties submitting evidence to the court prior to the hearing. This is done through the filing of affidavits, depositions, admissions, interrogatories and other documents. The burden of proof is on the moving party, which is the party asking the court to enter a summary judgment. The non-moving party must then show that there is a genuine dispute of material fact. At the summary judgment hearing, the judge must determine if there are any disputed issues of fact that must go to a jury to decide. If there are no disputes of material fact, then the judge can decide the case. Generally, the judge will consider all the material evidence presented and make a determination about the law and the facts that have been presented. The judge will then either grant the motion for summary judgment, or deny it. If the judge grants the summary judgment motion, the judge will enter a final judgment in favor of the moving party. If the judge denies the summary judgment motion, then the case will proceed to a trial before a jury.
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