Motion Practice during Trials

A motion for Judgment on the Pleadings is for the sole purpose of testing the undisputed facts present in the pleadings.

A party may also move the court to make such a judgment the latter can take judicial notice of such facts. This motion is filed after the closing of the pleadings. However, the filing must be made before the first testimony period commences.

When making a decision on the motion for judgment on the pleadings, the opposing party must have accepted the well-pleaded factual allegations as true. The motion is meant to dispose offrivolous and baseless claims or defenses when the pleadings reveal they lack merit.

Motion for Direct Verdict

A party may file a motion for direct verdict requesting the court to make a judgment in its favor. The motion is filed during the trial after the opposing party has rested its case.

In this motion, the moving party claims that the evidence submitted by the claimant is not sufficient to permit it to make a recovery. In summary, the moving party is requesting the court to dismiss the case for lack of sufficient evidence.

Motion for summary Judgement

Motion for summary judgment is where a party moves the court to make a decision in its favor before going to a full trial.

The court may grant a summary judgment when the pleadings, depositions, and other evidence tendered indicates that the party pressing for the judgment is entitled to it as a matter of law.

The party moving the motion, in other words, indicates that from the evidence, pleadings, admissions, and examinations of witnesses there is no genuine issue of material fact to warrant a trial. The parties may also request for a summary judgment if they do not dispute on some material facts and request the court to reach a decision based on a portion of the facts and evidence before it.

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