Question

What is the appropriate motion to file when a party seeks for the court to enter judgment in the requesting party's favor without having to go through a trial because there are no genuine issues of material fact presented in the case OR the answer to the complaint shows that there is no actual dispute and, thus, no jury trial is needed? (Please note that in such a situation the requesting party believes that he/she is entitled to win as a matter of law.)

A) Motion to Dismiss for Mistrial

B) Motion to Dismiss

C) Motion for Summary Judgment

D) Motion for Judgment as a Matter of Law

E) Motion for Directed Verdict

F) Motion to Compel Discovery

Answer 1

The correct motion when seeking judgment without a trial due to no disputed material facts is a Motion for Summary Judgment. It enables a court to rule in favor of a party when evidence shows there is no need for a jury trial.

Step-by-step explanation:

The appropriate motion to file when a party seeks for the court to enter judgment in the requesting party's favor without going through a trial, due to there being no genuine issues of material fact, is the Motion for Summary Judgment. This motion requests the court to rule that the other party cannot possibly win at trial based on the evidence at hand, thereby obviating the need for a jury trial. A summary judgment is thus entered by the court when substantive evidence indicates that there are no factual disputes requiring a trial for their resolution, and one party is entitled to win as a matter of law.