Pre-Trial practice

his week’s reading material covers Pre-Trial practice.

There are different ways for a defendant to challenge a complaint that has been filed against them. One way is to file a motion to dismiss. Another way is to file a motion for summary judgment based on evidence provided to the court. There are multiple differences between motions to dismiss and motions for summary judgment.

Please list three differences between a motion for summary judgment and motion to dismiss.

Look to the rules to help. (see and

When would you use each kind of motion?

What happens if you pick the wrong one?

Please find and describe a case where either of these motions was successfully used.