The legal process is filled with plenty of terms that lawyers, paralegals, and judges recognize instantly but are unknown to plaintiffs and defendants. Many of these terms are important for you to understand but really aren’t so mysterious—including the concept of a dispositive motion.
Dispositive Motions, Explained
At first glance, you may think the “dispositive” of dispositive motion relates to a positive or negative request or outcome. That’s not quite correct: The “dispositive” comes from dispose, which makes understanding this term much easier.
A dispositive motion is meant to dispose of the case. It asks the court for a ruling that addresses the legal issues of the case and terminates it in advance of the trial.
Generally speaking, there are two kinds of dispositive motions, both of which you may already be familiar with:
1. Motion to Dismiss
Motions to dismiss are usually made early in the case and provide a way to test the sufficiency of the pleadings. This isn’t a look at the facts of the case—just the allegations to determine if the case should or shouldn’t continue.
Basically, a motion to dismiss asks: If you accept as true everything the other party says, have they alleged enough to state a claim under state or federal law?
If the answer is yes, the judge will deny the motion, and the case will proceed.
If the answer is no, the judge will enter a motion explaining their reasoning and dismiss the case.
2. Summary Judgment
Unlike a motion to dismiss, a summary judgment motion specifically looks into the facts of the case. However—and this is important to understand—the summary judgment process isn’t a substitute for jury trials, which remain a vital part of the legal system and are constitutionally protected by the Seventh Amendment.
Basically, a summary judgment motion determines if there are issues of fact that require a jury in the first place. For example, if Party A says the traffic light was green and Party B says it was red, the judge will deny the summary judgment and let the jury decide. Even if Party A has given contradictory statements, is a friend with another of the parties to the case, or has a prior conviction for false swearing (i.e., lying under oath), these are issues of credibility that a judge can’t decide. The case will proceed to trial, where the jury will be presented with and weigh the evidence—and reach its own verdict.
However, if Party A and Party B both state the light was green and there is no other evidence to dispute that fact (and it’s the only material fact of the case), a summary judgment could be issued. Every case is unique, of course, but the general idea of a summary judgment is to determine whether there is enough evidence to proceed to a trial phase.
Qualified attorneys can guide you through dispositive motions to help you understand the process and next steps. If you live in the Ohio Valley or greater Pittsburgh and need help with a personal injury case, reach out to Bordas & Bordas to learn more about your options.