Making a Dispositive Motion: A Breakdown- ADR Times

When a party to a case feels that the court should rule in their favor in an action, they can ask the court to dismiss the case through a dispositive motion. This will end the full case between the parties, or it may settle one of the claims between the parties.

It is occasionally called a motion for summary judgment, because it asks the court to rule in favor of one party on certain claims, either to award the moving party the relief requested or to dismiss the lawsuit of the other party based on insufficient evidence. This article will look at the definition of dispositive motions and the effect they may have on a case.

Dispositive Motion

Dispositive motions are motions that would decide the case or claim based on evidence that has been presented to the court at the time the motion is made. In granting a dispositive motion, the court will dispose of the issue or claim between the parties. This differs from other motions because it resolves the claim or claims completely between the parties without a need for further hearings or a court trial. A non-dispositive motion will only outline the court’s decision on the subject matter of the request, it will not dispose of the case.

Making a Dispositive Motion

Dispositive motions or motions for summary judgment may be made at various times throughout the proceedings. A motion to dismiss the case can be made as early as after the lawsuit is filed, while a motion for summary judgment is most frequently made after the filing of the pleadings and the answer by the respondent. Most motions will be made at some point between when the parties file the pleadings and when the trial is set.

Under the Federal Rules of Civil Procedure, a dispositive motion may only be granted if there are no issues of material fact and the moving party is entitled to a judgment in their favor. This means that the court will need to deny the motion if they have any questions about the facts in the case.

Once a motion for adjudication has been made, the court will evaluate the motion and it will either be granted or denied. When a motion is granted, the case or issues will be dismissed. When the court chooses to deny the motion, the case will move forward with trial or other hearings. In many cases, the moving party may be making the motion and expect it to be denied; however, they need the court to deny the motion for adjudication to preserve their right to appeal the issue moving forward.

To learn more about dispositive motion, other summary judgements and more, contact ADR Times!

Must-read Articles:

Author
Recent Posts

Emily Holland

Contributing Editor at ADR Times

Emily is a recent graduate of Pepperdine Caruso Law.
While in law school, Emily served as an executive editor on the Pepperdine Dispute Resolution Law Journal and had the opportunity to learn about ADR from world-class professors of the Straus Institute for Dispute Resolution.

[email protected]