Not sure whether to file a motion for summary judgment or a judgment on the pleadings? Learn the differences in timing, legal standards, and strategic value.

Summary Judgment vs. Judgment on the Pleadings: What’s the Difference?

Introduction

In civil litigation, pretrial motions are often used to resolve cases or narrow issues before they reach trial. Two of the most commonly confused options are the motion for summary judgment and the motion for judgment on the pleadings. While both seek to avoid trial, they differ significantly in timing, purpose, legal standard, and evidentiary requirements.

Understanding these differences is critical to crafting the right litigation strategy. Filing the wrong motion—or filing it at the wrong time—can waste resources and undermine your case.

In this article, we break down the key distinctions between a motion for summary judgment and a judgment on the pleadings so you can use each effectively. For expertly drafted motions and litigation support, visit Legal Husk at legalhusk.com and legalhusk.com/services/civil-litigation.

1. What Is a Motion for Judgment on the Pleadings?

A motion for judgment on the pleadings (under Rule 12(c) in federal court) is filed after the pleadings are closed—typically after both parties have filed their complaint and answer.

Key Characteristics:

• Limited to the pleadings only (no discovery evidence).
• Tests whether the complaint states a legally sufficient claim.
• Similar to a motion to dismiss, but filed later.

When It’s Used:

• To argue that even if all allegations are true, the plaintiff still loses.
• To resolve pure legal issues early in the case.

2. What Is a Motion for Summary Judgment?

A motion for summary judgment (under Rule 56 in federal court) is filed after discovery and is based on evidence outside the pleadings.

Key Characteristics:

• Includes depositions, documents, affidavits, interrogatories, etc.
• Seeks to prove no genuine dispute of material fact exists.
• Judge may resolve claims or issues without trial.

When It’s Used:

• To resolve factual and legal issues based on the developed record.
• To dismiss unsupported claims or defenses before trial.

3. Timing: When Can You File Each Motion?

Motion

Typical Filing Time

Judgment on the Pleadings

After pleadings close (complaint and answer filed)

Summary Judgment

After discovery is completed or near completion

Filing too early or too late may result in the motion being denied or dismissed.

4. Evidence Considered

Judgment on the Pleadings

• Only the complaint, answer, and any exhibits attached to them.
• No depositions or discovery allowed.

Summary Judgment

• Full evidentiary record including:
  • Affidavits/declarations
  • Discovery responses
  • Documents
  • Deposition excerpts

5. Legal Standard

Judgment on the Pleadings

• The moving party must show that even assuming all allegations are true, the non-moving party is not entitled to relief as a matter of law.
• Court accepts all facts in the pleadings as true.

Summary Judgment

• The movant must show that there are no genuine disputes of material fact, and that they are entitled to judgment as a matter of law.
• Court does not accept the non-moving party’s facts if they’re contradicted by credible evidence.

6. Strategic Considerations

Why Choose Judgment on the Pleadings?

• Speed: It allows you to dispose of cases before costly discovery.
• Simplicity: Focuses only on legal arguments.
• Cost-effective: No evidentiary preparation required.

Why Choose Summary Judgment?

• Power: You can use it to eliminate entire claims with evidence.
• Influence: Strong MSJs can force settlement.
• Flexibility: Allows partial motions to narrow trial scope.

7. When to Use One vs. the Other

Use judgment on the pleadings when:

• You’re confident the legal theory is invalid regardless of facts.
• You want to end the case before discovery.

Use summary judgment when:

• You’ve developed evidence that disproves the opposing party’s claims.
• You want to dismiss claims based on facts, not just legal theory.

8. Can You File Both in the Same Case?

Yes—but not at the same time. It’s common to:

• File a motion to dismiss or for judgment on the pleadings first.
• Later file a motion for summary judgment after discovery.

This two-step approach can build momentum and show the court that you’re pursuing every legal avenue.

9. Risks of Filing the Wrong Motion

• A motion for judgment on the pleadings filed prematurely may be denied as procedurally improper.
• A summary judgment motion filed without evidence or discovery may be rejected under Rule 56(d).
• Filing the wrong motion wastes resources, loses credibility, and delays resolution.

How Legal Husk Can Help You File the Right Motion

At Legal Husk, we offer tailored legal drafting and litigation strategy services to help you:

• Choose between judgment on the pleadings and summary judgment.
• Draft procedurally sound, persuasive motions.
• Attach the correct exhibits, declarations, and citations.
• Avoid errors that lead to dismissal or denial.

Visit:

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

Final Thoughts

Motions for judgment on the pleadings and summary judgment both play essential roles in litigation. But they are not interchangeable. The former attacks the legal sufficiency of pleadings, while the latter evaluates whether the facts support a trial. Understanding the differences will help you choose the right tool for the right stage of litigation.

📩 Need help deciding which motion to file or drafting one correctly? Visit Legal Husk today to purchase expert litigation drafting services and stay one step ahead.