A motion for summary judgment requests that the judge decide the case on the legal issues without consideration of the factual issues.

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A motion for summary judgment is a request made by a party in a lawsuit asking the judge to decide the case on the basis of the legal issues presented, rather than on the basis of the factual issues. The party making the motion argues that there is no genuine dispute as to the material facts of the case, and that the legal issues can be decided in their favor as a matter of law. The judge will grant the motion only if he or she determines that there is no genuine issue of material fact and that the moving party is entitled to judgment as a matter of law.

A Motion for Summary Judgment Requests That the Judge Decide