Differences Between a Motion for Summary Judgment & Motion to Dismiss Paper

This 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 http://www.law.cornell.edu/rules/frcp/rule_12 and http://www.law.cornell.edu/rules/frcp/rule_56)

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.