This is a procedure by which a litigant can request that the court enter judgment for them without a trial. MSJ's work best where there are no contested issues of material fact and any open issues are issues of law on which the judge would rule. Factual issues to the extent they exist must be viewed in the most favorable light for the benefit of the non-moving party.
This statement helps explain the significance of a Motion to strike affidavits or other evidence offered to frame an issue of material fact. To the extent that evidence might create an issue of material fact can be disqualified, it may leave open the possibility of a favorable ruling on an MSJ.
ij
PS - This post was prompted by a couple of questions sent to me privately.
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