What is a motion for summary judgment and when can it be used in international litigation?
A motion for summary judgment is a type of legal procedure used in international litigation. It can be used when both sides of the case agree that the facts of the argument are not in dispute and that a judgment can be made without a lengthy trial. The party who files the motion for summary judgment is asking the court to decide the case in their favor based on the facts that are not in dispute. In California, a motion for summary judgment may be granted if the pleadings and affidavits or declarations submitted by both parties show that there is no issue of material fact and the moving party is entitled to judgment as a matter of law. Both parties must have had a full and fair opportunity to present and review evidence before the motion is filed. It is important to note that a motion for summary judgment is not a substitute for a trial. If a judge grants the motion, the judge must still decide the case based on the facts that are undisputed. Depending on the dispute, it is possible that the court may set a hearing for argument or limited testimony. Motion for summary judgment is a useful legal tool for parties engaged in international litigation. It allows for a more efficient use of the court’s resources and can lead to quicker resolution of the case by avoiding a lengthy trial. However, parties considering filing a motion for summary judgment should consult with an experienced international litigation lawyer to understand the court’s requirements and their rights as a party.
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