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.
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.