What is a motion for summary judgment?

A motion for summary judgment is a request made by a party in a lawsuit to the court to make a ruling in their favor without a full trial. In essence, the party is asking the court to make a judgment based solely on the information provided in the legal filings. The motion is typically filed after discovery is complete, meaning the parties have exchanged evidence and testimonies as part of the lawsuit process. In North Carolina, motions for summary judgment need to be made before the commencement of a trial. In order for a motion to be granted, the party making the request must prove that there is no genuine dispute of material fact in the case and that they are entitled to judgment as a matter of law. This means that all the evidence presented must demonstrate that there is no dispute that would require a trial for the court to make a ruling. If the court grants the motion, then the party making the request is deemed to have won the case and the court will enter a ruling in their favor, effectively ending the trial before it starts. If the court denies the motion, then the case will proceed to trial and a decision will be reached based on the testimony and evidence presented in court.

Related FAQs

What is a motion to dismiss?
What is the difference between indictment and arraignment?
What is an expert witness?
What does it mean to invoke the Fifth Amendment?
Do I need to wear a suit to court?
How do I prepare for court?
What is a motion to set aside a verdict?
What is a motion for a reduction of bail?
What kind of lawyer do I need for court?
What is a contempt of court hearing?

What is a motion for summary judgment?

Related FAQs

Related Blog Posts