Filing a motion for summary judgment (MSJ) is a strategic attempt to resolve a case—or specific legal issues—before trial. But what happens if the court denies the motion? For many litigants, the next question becomes: Can I appeal the denial?

Can You Appeal a Denied Motion for Summary Judgment?

Introduction

Filing a motion for summary judgment (MSJ) is a strategic attempt to resolve a case—or specific legal issues—before trial. But what happens if the court denies the motion? For many litigants, the next question becomes: Can I appeal the denial?

The answer depends on the procedural posture of the case, the nature of the denial, and whether you're seeking an immediate appeal, post-trial review, or reconsideration. In this article, we'll explain whether and how a denied motion for summary judgment can be appealed, explore alternative remedies, and share best practices for preserving your arguments for future review.

If your motion was denied and you're evaluating next steps, Legal Husk offers professional legal drafting and appellate support services to guide you forward.

Are Denials of Summary Judgment Immediately Appealable?

In most cases, no. A denial of summary judgment is generally considered non-final and not immediately appealable.

Why?

• Federal and state appellate courts typically only review final judgments.
• A denial means the case continues to trial, so it’s not “final” until a verdict is rendered or the case is otherwise resolved.
• Allowing appeals of every denied motion would clog appellate dockets and delay litigation.

There are, however, limited exceptions.

Exceptions: When You May Be Able to Appeal Immediately

1. Qualified Immunity (Federal Civil Rights Cases)

• In federal cases involving qualified immunity, courts allow immediate appeals because immunity is meant to protect officials from the burden of trial itself.
• The appeal is allowed only on purely legal grounds (e.g., whether a right was clearly established).

2. Collateral Order Doctrine

• This narrow exception allows immediate appeal if the order:
  • Conclusively determines the disputed question.
  • Resolves an important issue separate from the merits.
  • Would be effectively unreviewable after final judgment.
• Rarely applies to routine summary judgment denials.

3. Interlocutory Appeal by Permission

• Some jurisdictions allow a party to seek permission for interlocutory appeal from the trial court or appellate court.
• Typically requires:
  • A controlling question of law.
  • Substantial grounds for disagreement.
  • That an immediate appeal would advance the litigation.

Post-Trial Appeals: Reviewing a Denied MSJ After Trial

While immediate appeal is usually unavailable, you can often raise the denial in a post-trial appeal. Here's how:

1. Raise in Appeal of Final Judgment

• If you lose at trial, you can challenge the denial of summary judgment as part of your appeal.
• Appellate courts may review the trial court’s MSJ ruling de novo (from scratch), especially if based on legal issues.

2. Use Rule 50 Motions (Federal Court)

• If the MSJ was based on lack of evidence, and the case proceeds to trial, you can file:
  • Rule 50(a) Motion for Judgment as a Matter of Law (during trial).
  • Rule 50(b) Renewed Motion (after verdict).
• These preserve the issue for appeal and may lead to post-trial relief.

Can You File a Motion for Reconsideration?

Yes. If new evidence, legal error, or changed circumstances arise, you may file a motion for reconsideration with the trial court.

Grounds for Reconsideration Include:

• Clear error of law or fact.
• Newly discovered evidence.
• Intervening change in controlling law.
• Need to prevent manifest injustice.

Timing and Limits:

• Usually must be filed within a short time after the order (often 14 or 28 days).
• Courts have discretion to grant or deny.

How to Preserve the Issue for Appeal

Even if you can't appeal right away, you can still prepare for future review by:

• Clearly stating your legal arguments in the MSJ and reply brief.
• Citing binding case law and statutory authority.
• Including affidavits and evidence to support each element.
• Raising the same legal issues in Rule 50 motions if the case goes to trial.
• Objecting on the record during trial if relevant.

Failure to preserve the issue may result in waiver of appellate review.

Strategic Considerations Before Filing an Appeal

• Is the issue truly dispositive? Appeals take time—ensure the issue is worth the effort.
• Will the appellate court accept the appeal? Many requests for interlocutory review are denied.
• Could you benefit from settlement or narrowing issues at trial instead?

Appellate litigation is complex—seek professional legal advice to determine the best course.

How Legal Husk Can Help

At Legal Husk, we provide expertly drafted litigation and appellate documents to help you navigate your case with clarity and confidence. Our services include:

• Motion for reconsideration drafting.
• Post-trial motions and Rule 50 submissions.
• Appellate briefs and notices of appeal.
• Strategic legal writing to preserve and present key issues.

You can purchase our professional services directly online and receive documents tailored to your jurisdiction and case.

Final Thoughts

A denied motion for summary judgment isn’t necessarily the end of the line—it can be the beginning of a well-prepared appeal or motion for reconsideration. While immediate appeal is rare, understanding your options and preserving your arguments are essential steps to staying in control of your litigation strategy.

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