A pretrial motion for summary judgment is made by the defendant that states while the plaintiff correctly pled the case, the plaintiff failed to meet its burden of proof, and therefore, no genuine issue or fact is in dispute, and as a matter of law, there is no need for trial
Defendant’s civil motion for summary judgment
When a defendant files a motion for summary judgment, it must be heard and ruled on by the court before the scheduled trial date.
In this motion, the burden is on the defendant to prove that no genuine issue of material fact is disputed. Therefore, as a matter of law, the court must dismiss the plaintiff’s case.
In essence, the defense argues that the plaintiff, having conducted their discovery, still lacks the evidence to support the necessary legal elements to prove the plaintiff’s case. Therefore, there is no viable claim and no need for trial.
