Motion for summary judgment
A motion for summary judgment is perhaps the most frequently made motion. While not always available in all cases, the motion for summary judgment is made before the trial begins. This motion asks the judge to make a decision on the case without going to trial. Such a motion can only occur if none of the facts of the case are in dispute, thus all that needs to be decided is a final ruling on the case. If available, a motion for summary judgment can save both sides plenty of time and money. While a motion for summary judgment and Rule 12 (b) (6) Motion to dismiss are often confused with one another, they are not the same thing. A motion to dismiss results in the case being thrown out altogether and no verdict being issued. With a motion for summary judgment, however, the court and both parties agree that there is a legal issue that the court can rule on. For a summary judgment to be issued there can be no dispute about the material facts of the case and the party filing the motion must be entitled as a matter of law to a judgment. A summary judgment is most often issued when the time has run out on the discovery process, meaning that neither side can gather any more evidence to help their case.
See, e.g., Federal Rule of Civil Procedure 56.
The Supreme Court ruled you can’t hold a Layman to the same standards as an attorney when he’s appearing pro se. If an attorney makes a mistake you can call for a technical error and move for dismissal and call for summary judgment