Obiter Dictum
A written request for a judgment in the moving party’s favor before a lawsuit goes to trial and based on testimony recorded outside court, affidavits (declarations under penalty of perjury), depositions, admissions of fact and/or answers to written interrogatories, claiming that all factual and legal issues can be decided in the moving party’s favor. these alleged facts are accompanied by a written legal brief (points and authorities) in support of the motion. the opposing party needs to show by affidavits, written declarations or points and authorities (written legal argument in support of the motion) that there are “triable issues of fact” and/or of law by points and authorities. if there are any triable issues the motion must be denied and the case can go to trial. sometimes, if there are several claims (causes of action) such a motion may cause the judge to find (decide) that some causes of action can be decided under the motion, leaving fewer matters actually to be tried. the paper- work on both sides is complex, burdensome and in many states, based on strict procedures.
