What is a way cases are dismissed in Maryland civil trials?
Does a motion for summary judgment do this, dismiss a case?
To understand a motion for summary judgment you have to understand what a motion does in court.
A motion is a way for a party of the case to ask the court to do something. When a side wants the court to act one way or another they will file a motion.
A motion for summary judgment is one in which one side is essentially asking the court, as a matter of law to dismiss what the other side is alleging.
The side filing the motion for summary judgment will include all of its law and support as to why they should win and the court should dismiss all or part of the other side’s claim.
When the motion is filed, the other side will have an opportunity to respond and counter what the moving party, the party filing the motion is alleging.
If the motion is relying on disputed facts, for example, in a medical malpractice case, two medical experts coming to differing opinions as to a material issue in the case, the court will more than likely not step in and dismiss the case.
This is because if there is a genuine matter of fact that needs to be decided, the court will often let the jury make the call as to who is right.
If you have questions regarding whether you are the victim of medical malpractice, and how the process works, this is what we invite you to do if your matter happened in Maryland. Pick up the phone and give us a call.
We can be reached at 301-850-4832. We answer questions like yours all the time regarding Maryland medical malpractice law and we would be glad to listen to your story.