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In: Operations Management
What is the difference between a motion for judgement on the pleadings vs a motion for...
What is the difference between a motion for judgement on the pleadings vs a motion for summary judgement (with examples)?
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Answer:
Motion for judgement on pleadings and motion for summary judgement:
Motion for judgement on pleadings asks the court to decide the issue solely on the pleadings without proceeding to any trial.The judge will grant the motion if there is no disputess over the facts of the case and the sole issue is to be resolved in a question of law.
For example,if a party fails to tender an issue of the adverse party's allegations then the court may give direct judgement on the motion of that party's based on such pleadings
Motion for summary judgement asks the court to grant a judgement in the party's favor without a trial.The juidgment can be made before or during the trial.The judgement is granted only if the evidence is favourable to the other party
For example,a judge may rule on some factual issues and but leave others for trial while making judgements
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