What is a motion for summary judgment and when can it be used in international litigation?

A motion for summary judgment is a request for a court to decide a legal dispute without the need for a trial. In the context of international litigation, a motion for summary judgment can be used when both parties agree that there is no dispute of material fact. This means that all facts pertaining to the case are agreed upon by both parties and the only thing left to do is to apply the law to the facts of the case. For example, if both parties agree that a contract was signed between them, but dispute the meaning of the contract, a motion for summary judgment can be used to allow the court to decide the meaning of the contract based on the law. The court may decide to interpret the contract one way or the other based on the language of the contract as well as established interpretations of similar contracts. If a motion for summary judgment is granted, the court is essentially deciding the case without the need for a trial. This can lead to considerable time and money saved on both sides of the dispute. In North Carolina, a motion for summary judgment must be filed in the Superior Court where the case is being heard. The court may grant or deny the motion depending on the facts of the case. If the motion is denied, the case will proceed to trial.

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