What type of request is typically made through a motion for summary judgment?

Study for the NYLE Civil Practice and Procedure Test. Prepare with multiple choice questions and detailed explanations. Ace your exam with confidence!

A motion for summary judgment is a legal request made by a party in a lawsuit, typically asserting that there are no genuine disputes of material fact and that the party is entitled to judgment as a matter of law. This type of motion aims to resolve the case based solely on the evidence presented, which may include affidavits, depositions, admissions, and other documents, without the need for a trial.

The underlying principle is that if the court finds that no factual issues exist that require a jury's examination, it can decide the outcome of the case based on the law alone. This streamlines the legal process by potentially reducing the time and resources spent on a trial.

In contrast, the other options involve different procedural requests that do not directly pertain to the resolution of the case through evidence. Limiting witness testimony relates to evidentiary issues, changing the venue pertains to jurisdictional matters, and compelling discovery involves enforcing the production of evidence rather than resolving the case itself. Thus, seeking to resolve a case based on evidence is the fundamental nature of a motion for summary judgment.

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