Discover how both defendants and plaintiffs use motions for summary judgment to their advantage. Learn who benefits more and when to leverage this strategic litigation tool.

Defendant vs. Plaintiff: Who Benefits More from a Motion for Summary Judgment?

Introduction

A motion for summary judgment (MSJ) is a procedural tool that allows a court to decide a case—or specific claims—without going to trial. It’s a motion that can be filed by either party in a civil lawsuit, but how and why it’s used can differ significantly depending on whether you’re the plaintiff or the defendant.

So who benefits more from filing a motion for summary judgment? The answer isn’t always one-sided. Each party can strategically deploy the motion in unique ways depending on the case type, legal claims, and evidence gathered during discovery.

In this article, we explore how defendants and plaintiffs use MSJs, when it works best for each, and how this powerful tool influences the outcome of litigation.

If you’re ready to draft or respond to a motion for summary judgment, Legal Husk offers expert litigation document services available at legalhusk.com and legalhusk.com/services.

What Is a Motion for Summary Judgment?

A motion for summary judgment asks the court to rule on a claim or entire case before trial, asserting that there is no genuine dispute of material fact and the movant is entitled to judgment as a matter of law.

This motion is often filed after the discovery phase and is supported by documents such as:

• Affidavits
• Deposition transcripts
• Interrogatory responses
• Contracts, records, or case law

MSJs aim to resolve litigation early, avoid trial costs, and bring clarity to legal issues.

How Defendants Use Motions for Summary Judgment

1. To Dismiss Weak or Frivolous Claims

• Defendants often file MSJs to knock out entire lawsuits or multiple claims.
• This reduces legal exposure, litigation costs, and reputational harm.

2. To Shift the Burden Back to the Plaintiff

• The plaintiff bears the burden of proof.
• Defendants use MSJs to argue that plaintiffs lack sufficient evidence to support one or more elements of their claims.

3. To Force Strategic Settlement Talks

• Filing a strong MSJ shows confidence and may pressure plaintiffs to settle rather than risk dismissal.

4. To Narrow Trial Issues

• Even if the entire case isn’t dismissed, MSJs can eliminate certain claims, reducing trial complexity.

When It Works Best for Defendants:

• In contract disputes, when documents clearly show no breach.
• In tort claims, where causation or damages are unsupported.
• In employment law, when the employer can prove legitimate, non-discriminatory actions.

How Plaintiffs Use Motions for Summary Judgment

1. To Establish Liability Early

• Plaintiffs may file an MSJ to obtain a judgment on liability, leaving only damages to be resolved at trial.

2. To Gain Settlement Leverage

• Winning partial summary judgment on liability or key legal issues strengthens the plaintiff’s bargaining position.

3. To Demonstrate Legal Clarity

• Plaintiffs use MSJs when the law is clear and facts are undisputed, such as in collection or enforcement cases.

4. To Streamline Trial Preparation

• By narrowing the issues, plaintiffs can reduce the cost and scope of trial preparation.

When It Works Best for Plaintiffs:

• In debt collection, where the defendant admitted the debt or failed to respond.
• In intellectual property or contract cases, where infringement or breach is clearly documented.
• In discrimination claims, where direct evidence of unlawful conduct is established.

Comparing Benefits: Who Really Gains More?

Advantages for Defendants:

• Can dismiss an entire case before it proceeds to costly trial.
• Frequently have the upper hand in civil litigation where the plaintiff’s burden of proof is high.
• Benefit from the opportunity to highlight gaps in evidence rather than proving facts themselves.

Advantages for Plaintiffs:

• Can secure early wins on liability, leading to quicker or larger settlements.
• Useful in clear-cut cases with strong documentary evidence.
• Helps avoid jury unpredictability on legal questions already resolved by MSJ.

Key Takeaway:

While both sides benefit, defendants generally use MSJs more frequently and often have a procedural advantage, particularly in defending against complex or multi-count complaints.

However, when a plaintiff has airtight evidence or a narrow legal claim, they can also score a decisive pretrial victory.

How Summary Judgment Influences Case Outcomes

Regardless of who files, the MSJ can:

• Force the opposing side to confront weaknesses in their case.
• Settle legal issues early and make trial more efficient.
• Encourage settlement once legal positions are clarified.

That’s why it's critical to treat every MSJ as a pivotal moment in the case.

How Legal Husk Can Help

At Legal Husk, we provide professionally drafted litigation documents for both plaintiffs and defendants. Whether you’re filing a motion for summary judgment or defending against one, our services help you:

• Develop strategic and court-compliant MSJ documents.
• Craft tailored arguments and evidentiary support.
• Gain clarity on legal standards for both sides of a case.

Visit us at legalhusk.com or go directly to legalhusk.com/services to purchase litigation-ready documents prepared by experienced legal professionals.

Final Thoughts

Motions for summary judgment are one of the most impactful tools in modern litigation—whether you're the plaintiff or the defendant. While defendants may appear to have a structural edge, plaintiffs with strong legal claims and evidence can leverage the MSJ to win early or drive settlement.

Regardless of your role, understanding how and when to use this tool can shape the trajectory of your case.

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