What is a motion for summary judgment?

A motion for summary judgment is a legal procedure in which either party in a case can request a court to determine whether any legal issues remain to be tried by the court. The court will make a ruling on whether there is a genuine dispute of material fact in the case that must be decided after a trial. This motion should be made prior to the start of a trial, although in some cases it may be made after the trial has begun. A motion for summary judgment can be used in a Maryland court when there is no disputed material fact in the case and when the parties’ positions can be fully determined by the court based on the evidence presented. In such cases, the court can determine the case without holding a trial. This saves both time and money for the parties involved, and can be a very useful tool for a party to use in an effort to obtain a favorable outcome without incurring the costs and time associated with a trial. Generally, the party making the motion for summary judgment must present evidence that proves their position. The other party must then present evidence to prove their own position and challenge the motion. After both parties present their evidence, the court will then make a decision based on all the evidence presented. If the motion for summary judgment is denied, the court will set the case for trial.

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