What is a motion for summary judgment?

A motion for summary judgment is a legal procedure in which a court decides whether there are any disputed issues in a case. In Indiana, a motion for summary judgment may be made by either party in a lawsuit. This motion is typically used when no material issues of fact remain in dispute and the parties agree as to the law that should be applied. By filing the motion, the party is asking the court to enter a judgment in their favor without having to go to trial. The person filing the motion must include an affidavit that sets out the facts of the case that are not in dispute and a legal argument that the party is entitled to judgment in their favor. The other party may respond to the motion with an affidavit of their own and legal argument. The court will then decide if it should grant the motion or not. If the motion is granted, the court will enter a judgment based on the merits of the case without further proceedings. If the motion is denied, the parties will have to go to trial and present their arguments before a jury. The motion for summary judgment allows the court to speed up the process in cases where the facts and legal arguments are clear and undisputed.

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