What is a motion for summary judgment?

A motion for summary judgment is a legal request made by a party involved in a civil lawsuit to the court before trial. In Mississippi, the motion for summary judgment is governed by Mississippi Rule of Civil Procedure 56. In essence, it is a request to the court asking it to resolve the dispute and grant judgement in favor of the party making the motion. In order to successfully make a motion for summary judgment, the party must prove that there is no genuine dispute of material fact. This means that all the issues parties are fighting about have already been established, so no further investigation or testimony are necessary. In this case, the motion for summary judgment is used as a tool for the court to decide the case without a trial. In order to make a motion for summary judgment, a party must fill out a standard form and provide accompanying documents. The documents may include affidavits, testimony, and other evidence. The party making the motion must then support the motion by citing relevant case law and statutes. If the court grants the motion, it will render a judgement in favor of the party making the motion. This judgement is based on the presented evidence and applicable law, and it is considered to be the final result of the lawsuit, barring any appeals.

Related FAQs

What is a motion for a mistrial?
How do I file an objection to a motion?
How do I file a motion for dismissal?
What is a deposition?
What is a pro se litigant?
What is the difference between a judge and a jury?
What is a discovery request?
What is a jury selection process?
What is hearsay evidence?
What is a motion for summary judgment?

Related Blog Posts

How to Prepare for Your First Day in Court: A Comprehensive Guide - July 31, 2023
Dealing with Nervousness during Court Proceedings: Tips for a Better Outcome - August 7, 2023
What to Expect When Appearing in Court: Understanding the Process - August 14, 2023
What Documents Should You Bring to Court? Expert Advice - August 21, 2023
Choosing the Right Court: Does It Make a Difference in Outcome? - August 28, 2023