Motion for Summary Judgment (MSJ)

A Motion for Summary Judgment (MSJ) is a legal request made by a party in a case asking the court to decide the case in their favor without a full trial. This motion is based on the argument that there are no material facts in dispute and that the moving party is entitled to judgment as a matter of law. The MSJ is typically filed after the discovery phase, where both parties have had the opportunity to gather evidence and present their arguments.

The party filing the MSJ must provide evidence demonstrating that, even if all factual disputes are resolved in favor of the opposing party, the law still supports their position. This includes presenting documents, affidavits, and other materials that show there is no genuine issue of material fact that requires a trial. The opposing party has the opportunity to respond, challenging the motion and presenting evidence to dispute the claims made.

The court will review the Motion for Summary Judgment, considering the evidence and legal arguments presented by both parties. If the court grants the motion, it will issue a judgment in favor of the moving party, potentially ending the case without a trial. If the court denies the motion, the case will proceed to trial, where the remaining issues will be resolved through a full examination of the evidence and arguments.