What is a motion for summary disposition in an insurance litigation case?
A motion for summary disposition in an insurance litigation case is a document that is filed by one party in order to ask the court to make a judgement based on the facts presented without a trial. This motion is typically used when one party believes the other party’s argument is not strong enough to support their case. When filing a motion for summary disposition in Georgia, the document will first provide a legal argument or an interpretation of the law. Next, the party filing the motion will present evidence to support their argument. This evidence can include things such as deposition testimony, affidavits, and inspection reports. Finally, the party filing the motion will ask the court to make a ruling based on the evidence presented. If the court grants the motion for summary disposition, then the case will be decided without going to trial. If the court does not grant the motion, then the case will proceed to trial. In Georgia, insurance litigation cases are handled in either the state or superior court. Depending on the type of case and the amount of damages, the court hearing the case will determine how to proceed. Either way, if a motion for summary disposition is accepted, one party will have an advantage in the case.
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