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Admin 04-27-2025 Civil Litigation

Learn what a motion for summary judgment is, how it works, and when it can be used in legal cases. Explore its purpose, the legal standard, and examples to better understand this key legal procedure.

A Motion for Summary Judgment is a legal request filed by one party in a lawsuit to ask the court to rule in their favor without going to trial. The party filing the motion argues that there are no material facts in dispute and that, based on the law, they are entitled to judgment. This motion is typically filed after the discovery phase, where both sides have had a chance to gather evidence. If granted, a motion for summary judgment can end the case early, without the need for a trial.

1. When Can a Motion for Summary Judgment Be Filed?

Meta Hook:
Learn when it’s appropriate to file a motion for summary judgment and the timing of this critical procedure in a lawsuit.

When Can a Motion for Summary Judgment Be Filed?

A motion for summary judgment can be filed at any point after the discovery phase has concluded, but it is typically filed before the trial begins. The exact timing may depend on the specific rules of the court, and in some cases, motions must be filed a certain number of days before the trial date. Generally, the moving party will file this motion after the opposing party has presented their evidence.

2. The Legal Standard for Granting Summary Judgment

Meta Hook:
What is the legal standard courts apply when granting a motion for summary judgment? Find out what must be proven for this motion to succeed.

The Legal Standard for Granting Summary Judgment

For a motion for summary judgment to be granted, the court must determine that there are no genuine disputes over material facts. A fact is considered “material” if it could affect the outcome of the case. The court will view the evidence in the light most favorable to the non-moving party. If, based on the facts, no reasonable jury could find in favor of the non-moving party, summary judgment may be granted.

Key points for evaluation include:

  • Genuine dispute of material facts: A fact is material if it can affect the case’s outcome. If there’s no dispute over such facts, summary judgment may be granted.

  • Entitlement to judgment as a matter of law: The moving party must show that they are entitled to judgment based on the undisputed facts, according to the law.

3. Key Components of a Motion for Summary Judgment

Meta Hook:
Discover the key components of a motion for summary judgment, including what you need to include to strengthen your request for judgment.

Key Components of a Motion for Summary Judgment

A motion for summary judgment typically includes the following elements:

  1. Statement of Undisputed Facts: A summary of the facts that both parties agree on.

  2. Argument: A legal argument explaining why, based on the undisputed facts, the moving party is entitled to judgment.

  3. Legal Authority: Citations of relevant statutes, case law, or other legal sources supporting the moving party’s position.

  4. Exhibits: Supporting evidence such as documents, depositions, or affidavits that demonstrate there is no factual dispute.

  5. Request for Relief: A request asking the court to grant summary judgment in favor of the moving party.

4. What Happens After a Motion for Summary Judgment is Filed?

Meta Hook:
After filing a motion for summary judgment, what steps follow? Learn about the response process and what to expect from the court’s ruling.

What Happens After a Motion for Summary Judgment is Filed?

After the motion is filed, the opposing party has the opportunity to respond. They may argue that there are material facts in dispute and that a trial is necessary. In some instances, they might file their own motion for summary judgment. Once the court reviews the motion, the response, and supporting documents, it will issue a ruling. If the court grants summary judgment, the case ends in favor of the moving party. If the motion is denied, the case moves forward to trial.

5. Can a Motion for Summary Judgment Be Denied?

Meta Hook:
Yes, a motion for summary judgment can be denied. Find out the circumstances under which this happens and why a motion might fail.

Can a Motion for Summary Judgment Be Denied?

Yes, a motion for summary judgment can be denied if the court determines that there is a genuine dispute over material facts that need to be resolved at trial. If the judge finds that reasonable people could disagree on the facts of the case, the motion will be denied, and the case will proceed to trial.

6. The Difference Between Summary Judgment and Motion to Dismiss

Meta Hook:
Learn the key differences between a motion for summary judgment and a motion to dismiss, two critical pre-trial motions in litigation.

The Difference Between Summary Judgment and Motion to Dismiss

While both motions seek to dispose of a case before trial, they serve different purposes:

  • Motion to Dismiss: Typically filed at the beginning of a case, arguing that the plaintiff has failed to state a claim or that the case should be dismissed for procedural reasons.

  • Motion for Summary Judgment: Filed after discovery, asserting that even if all the facts presented by the opposing party are true, the moving party is entitled to judgment as a matter of law.

7. Impact of a Grant of Summary Judgment

Meta Hook:
What happens when a motion for summary judgment is granted? Explore the outcome and what this means for the case moving forward.

Impact of a Grant of Summary Judgment

If a motion for summary judgment is granted, the case is effectively concluded without a trial. The party that filed the motion wins the case, and the judgment can be appealed by the losing party if they believe the court made an error in its decision. A grant of summary judgment can significantly shorten the duration of litigation and avoid the time and expense of a trial.

8. Examples of When Summary Judgment May Be Appropriate

Meta Hook:
When is summary judgment appropriate? Explore examples where this motion is commonly used and why it’s effective in certain cases.

Examples of When Summary Judgment May Be Appropriate

Summary judgment is often granted in cases where the facts are clear and undisputed, and the law is clear on the issue. For example:

  • Breach of Contract Cases: If there is no dispute that a valid contract existed, and one party failed to perform, summary judgment may be appropriate for the non-breaching party.

  • Personal Injury Cases: If the defendant can show that they were not negligent as a matter of law, summary judgment may be appropriate to dismiss the case.

9. Can Summary Judgment Be Appealed?

Meta Hook:
Yes, summary judgment can be appealed. Find out how and when a party may appeal the ruling on a motion for summary judgment.

Can Summary Judgment Be Appealed?

Yes, a decision on summary judgment can be appealed. The losing party may argue that the judge made an error in granting or denying the motion. However, appeals based on summary judgment are typically harder to win because appellate courts give deference to the trial court’s decisions on factual matters.

Final Thoughts

A motion for summary judgment is a powerful tool in litigation that can help resolve a case without the need for trial. By asserting that there are no genuine disputes over material facts and that the moving party is entitled to judgment as a matter of law, this motion can save time and costs. However, it is crucial for both parties to carefully evaluate the evidence and the legal standards before filing or responding to a motion for summary judgment.

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