a written request for a judgment in the moving party's favor before a lawsuit goes
to trial and based on testimony recorded outside court, affidavits (declarations
under penalty of perjury), depositions, admissions of fact and/or answers to written
interrogatories, claiming that all factual and legal issues can be decided in the
moving party's favor. These alleged facts are accompanied by a written legal brief
(points and authorities) in support of the motion. The opposing party needs to show
by affidavits, written declarations or points and authorities (written legal argument
in support of the motion) that there are "triable issues of fact" and/or of law
by points and authorities. If there are any triable issues the motion must be denied
and the case can go to trial. Sometimes, if there are several claims (causes of
action) such a motion may cause the judge to find (decide) that some causes of action
can be decided under the motion, leaving fewer matters actually to be tried. The
paper- work on both sides is complex, burdensome and in many states, based on strict
procedures.
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