Motion for Summary Judgment

A request made by the defendant in a civil case. Asserts that the plaintiff has raised no genuine issue to be tried and asks the judge to rule in favor of the defense.  This motion is done before trial and asks the judge to dismiss the matter because there is no basis for the lawsuit.

·  “Each element must be supported in the same way as any other matter on which the plaintiff bears the burden of proof, i.e., with the manner and degree of evidence required at the successive stages of the litigation." Id. In order to defeat a summary judgment motion, the nonmoving party may not simply rely on his pleadings but must present some evidence on every material issue for which he will bear the burden of proof at trial. Celotex  Corp. v. Catrett, 477 U.S. 317, 324 (1986).

See Iowa Court Rule 1.981.