Michigan Opinion And Order Granting Motion for Summary Disposition
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FAQ
(A) Judgment on Stipulated Facts. (1) The parties to a civil action may submit an agreed-upon stipulation of facts to the court. (1) A party may move for dismissal of or judgment on all or part of a claim in accordance with this rule.
Notice for Parties Who Do Not Have a Lawyer. A summary judgment motion was filed in your case. A summary judgment motion asks the court to decide this case without having a trial.
At certain times in a lawsuit and depending upon which court the case was filed in, parties may file dispositive motionsmotions to dismiss, motions for summary disposition, or motions for summary judgment. These types of motions ask the court to decide the case without a trial based on the papers filed with the court.
Motion for Summary Judgment (sometimes called motion for summary disposition). This motion asks the court for a judgment on the merits of the case before the trial. It is properly made where there is no dispute about the facts and only a question of law needs to be decided.
A motion for summary judgment filed by an opposing party claims that you cannot prevail in the case because there is no legal dispute or your claim is without merit or a defense. Failure to respond to a motion for summary judgment can result in your case being dismissed or a judgment being rendered against you.
A motion for summary judgment asks the court to decide the case or specific claims in the case in the moving party's favor.The main difference between a motion to dismiss and a motion for summary judgment is that the court actually gets to evaluate the meat of the claims on a motion for summary judgment.
If the motion is granted, the judgment on the issue or case is deemed to be a final judgment from which a party may seek an appeal. The court of appeal can reverse the grant of summary judgment and reinstate the claim in the lower court. However, this is rarely done and most summary judgments are upheld on appeal.