If a party believes that the opposing party has failed to meet its burden of proof at trial, it will move for a summary judgment.

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A motion for summary judgment is typically filed before a trial begins when one party believes there are no material facts in dispute and that they are entitled to judgment as a matter of law. If a party believes the opposing party has failed to meet its burden of proof at trial, they would move for a directed verdict (or judgment as a matter of law in federal court), not a summary judgment.

If a Party Believes That the Opposing Party Has Failed