If the judge agrees, the judge will enter judgment for the moving party, and there will be no trial. To defeat the motion, the opposing party must submit papers showing that there is credible evidence on the other side, so a trial is needed to determine who is telling the truth. A coerced confession in violation of Miranda is one such example. If the judge agrees, the plaintiff will have to serve a new summons. The lawsuit cannot proceed until a proper summons is properly served.
Common motives are money and revenge.
While evidence of motive is very persuasive it is not a necessary element to prove a crime. A lower state court with jurisdiction over criminal misdemeanors. In many states a felony criminal filing will first be filed in municipal court and then subsequent to indictment be transferred to superior court for felony arraignment. Misdemeanors remain in municipal court through trial. The intentional killing of a human being with malice aforethought and without legal excuse or justification.