What is a motion for summary judgment?

A motion for summary judgment is a legal document filed in court by the plaintiff or defendant. In South Carolina, it is a motion in which the party making the motion asks the court to decide the case on paper without a trial. The motion includes the facts of the case, legal arguments, and evidence. The court will then make a determination about the case based on the information presented. In order for the court to grant summary judgment, it must be determined that no genuine dispute exists as to any material facts of the case. This means that the court must be satisfied that no factual dispute remains that will require a trial to decide the outcome of the case. It is important to note that summary judgment is generally only available when the court is presented with undisputed facts, so it is often not seen as a desirable outcome for either party.

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