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One of the most significant motions is a motion for summary judgment (sometimes simply called an MSJ). If granted, an MSJ can end a civil case.For example, a motion might ask the court to prohibit a piece of evidence from being considered at trial or it might request that the court move the case to another venue.
How Is Summary Judgment Granted? Summary judgment is granted when there are no other facts to be tried.Summary judgment is granted when the facts can be decided upon without needing to go to trial, where the opposing party would lose due to a lack of evidence.
The grant of summary judgment usually results in a final judgment only if the grant resolves all issues as to all parties. An order for summary judgment is interlocutory if it does not entirely end the proceedings before the trial court.
The purpose of summary judgment is to avoid unnecessary trials. It may also simplify a trial, as when partial summary judgment dispenses with certain issues or claims. For example, a court might grant partial summary judgment in a personal injury case on the issue of liability.