Wondering if you can file a second motion for summary judgment? Learn the rules, risks, and strategy behind filing multiple MSJs in civil litigation.

Can You File a Motion for Summary Judgment Twice?

Introduction

In civil litigation, the motion for summary judgment (MSJ) can be a game-changer—eliminating claims, avoiding trial, and clarifying legal issues. But what if your first motion fails or only partially succeeds? Can you file a motion for summary judgment twice in the same case?

The answer is yes, under certain conditions. Courts generally allow a second MSJ if it's procedurally proper and based on new facts, law, or developments in the case. However, strategic missteps, timing issues, or redundancy can lead to denial.

In this article, we explore when and how to file a second motion for summary judgment, the risks involved, and how to strengthen your position. For professionally drafted MSJs, visit legalhusk.com or legalhusk.com/services/civil-litigation.

Can You File a Second MSJ?

Yes—if the court allows it.

There is no automatic prohibition against filing more than one MSJ. Federal Rule 56 and most state equivalents do not limit parties to a single motion.

But courts can deny a second MSJ if:

• It is repetitive or cumulative
• It appears to be a delay tactic
• It was filed too close to trial

When a Second Motion Is Appropriate

1. New Evidence Has Emerged

• Discovery uncovered facts not available during the first MSJ.
• A key deposition or document now changes the landscape.

2. The Law Has Changed or Clarified

• A new court ruling alters the applicable legal standard.
• A statute or regulation has been updated.

3. The Court Invited It

• After denying the first MSJ, the judge may signal openness to a renewed motion if more evidence is developed.

4. Partial Summary Judgment Was Granted Initially

• You may file a second MSJ targeting remaining claims or defenses.
• Courts often allow this as long as it follows procedural rules.

5. The Case Has Been Amended

• New claims or parties were added, justifying a fresh dispositive motion.

Risks of Filing a Second MSJ

1. Judicial Fatigue

• Judges dislike repetitive or unnecessary filings.
• You risk irritating the court if your second motion doesn’t raise new, compelling arguments.

2. Procedural Obstacles

• Courts may deny leave to file a second MSJ without strong justification.
• Some jurisdictions require prior permission.

3. Strategic Exposure

• You show more of your hand, helping the opposing side prep for trial.
• A second denial can weaken your credibility at trial.

Procedural Requirements for Filing Again

A. Check the Scheduling Order

• The order may set a dispositive motion deadline.
• Ensure your second MSJ falls within or seeks leave to extend the deadline.

B. Seek Leave of Court (if required)

• File a motion for leave to file a second MSJ.
• Explain why the second filing is necessary and non-redundant.

C. Format and Structure the Motion Properly

• Label it as a renewed, second, or supplemental MSJ.
• Provide citations to new evidence and distinguish it from the first.

How Courts Evaluate a Second MSJ

Courts look at:

• Whether the motion raises new issues
• The reason for not including arguments earlier
• Whether the motion will delay trial
• Potential prejudice to the opposing party

If you meet these standards, the court is more likely to consider the second MSJ on the merits.

Strategic Tips for Filing a Second MSJ

• Don’t recycle your original motion. Add new legal arguments or evidence.
• Explain clearly why the motion is timely and necessary.
• Use the first denial as a roadmap. Address the judge’s concerns head-on.
• Consider narrowing the scope. Target specific claims or issues.
• Keep the tone professional and persuasive. Avoid appearing desperate or repetitive.

Examples of Second MSJ Use Cases

Employment Case:

First MSJ denied because the facts around termination were disputed. Later, deposition reveals employee admitted wrongdoing. A second MSJ based on that admission may now succeed.

Contract Dispute:

Court denied first MSJ on ambiguous contract language. After discovery, emails clarify intent. A second MSJ could now argue the facts are no longer in dispute.

Tort Claim:

Partial MSJ granted on negligence, but punitive damages remain. File a second MSJ to strike punitive claims based on updated legal precedent.

How Legal Husk Can Help You File Strong First or Second MSJs

At Legal Husk, we understand that every motion counts—especially when time is short or the stakes are high. We assist litigants by:

• Drafting first and renewed motions for summary judgment
• Providing clear distinctions from previous filings
• Attaching proper exhibits and affidavits
• Ensuring procedural compliance with Rule 56 and court deadlines

You can access our services at:

• legalhusk.com
• legalhusk.com/services
• legalhusk.com/services/civil-litigation
• legalhusk.com/about-us

Final Thoughts

Yes, you can file a motion for summary judgment more than once—but only when justified by new evidence, legal developments, or changes in case structure. Make sure your second MSJ is timely, non-redundant, and strategically valuable.

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