What is a motion for summary judgment?

A motion for summary judgment is a legal filing made by one or both parties in a lawsuit in Pennsylvania. It is an attempt to end a lawsuit based on facts that are undisputed. When one party files a motion for summary judgment, they are trying to prove that there is no need to go to trial because there are no factual disputes that a reasonable jury could decide. For a motion for summary judgment to be granted, the moving party must present facts of the case which show that there is no genuine issue of material fact. The facts provided must be supported by evidence such as affidavits, depositions, and other documentation. The judge must determine that no reasonable jury could decide the case in the favor of the party opposing the motion. If the motion for summary judgment is granted, the court will determine that the moving party has won the case, without holding a trial. If the motion is denied, then the case will proceed to trial and the jury will decide the case. In Pennsylvania, motions for summary judgments are granted relatively rarely because the court recognizes that it is the jury’s job to determine facts and decide cases. However, if one party can present facts which demonstrate that there are no disputes and no reasonable jury could decide the case in the other party’s favor, then the court may grant the motion.

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