What is a motion for summary judgment?

A motion for summary judgment is a legal request made by a party involved in a court case. It asks the court to make a decision before the case goes to trial. This can be done if both sides agree that there are no factual disputes that could be decided by a jury. In West Virginia, a party may make a motion for summary judgment when they believe that no reasonable jury would decide differently than the party making the motion. When a motion for summary judgment is made, the other side must usually respond in writing to the motion before the court hears it. The court then reviews the motions and other evidence to determine if there is a genuine dispute of material fact. If so, the court will deny the motion and the case will proceed to trial. If the court finds that there is no genuine dispute of material fact, it will grant the motion and enter a judgment. A motion for summary judgment can be an efficient way to resolve a case without the need for a costly and lengthy trial. However, it is important to remember that entering a judgment can limit the rights of the party that opposed the motion. Therefore, parties should consider all the facts and law carefully before deciding to make a motion for summary judgment.

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