Learn how partial summary judgment works and when it’s the right strategic decision. Discover how to use it to simplify litigation and focus trial issues effectively.

Understanding Partial Summary Judgment: When Is It the Right Move?

Introduction

Summary judgment isn’t always all or nothing. In many cases, litigants pursue a powerful procedural tool called partial summary judgment—an effective way to resolve specific claims or issues within a case before trial. But when is it the right move?

The goal of partial summary judgment is to streamline the case, remove legally unsupported claims or defenses, and focus litigation on what truly matters. It can also increase settlement leverage and help shape the narrative that reaches the judge or jury.

This article explains how partial summary judgment works, when it should be used, and how to avoid strategic missteps. For help drafting effective partial MSJs, visit legalhusk.com or legalhusk.com/services/civil-litigation.

What Is Partial Summary Judgment?

A partial motion for summary judgment asks the court to decide certain aspects of a case—not the entire case—before trial.

It may target:

• One or more claims in a multi-claim complaint
• Specific defenses raised in an answer
• Issues of liability (leaving damages for trial)

The legal standard is the same as full summary judgment:

No genuine dispute of material fact exists, and the moving party is entitled to judgment as a matter of law.

When Is Partial Summary Judgment Appropriate?

1. To Eliminate Frivolous Claims Early

• Helps narrow the scope of trial.
• Reduces time and resources spent on meritless arguments.

2. To Establish Liability Without Addressing Damages

• Particularly useful in contract and tort cases.
• Once liability is established, damages can be calculated by the court or jury.

3. To Remove Legal Theories Not Supported by Evidence

• For example, dismissing punitive damages while allowing compensatory damages to proceed.

4. To Strengthen Settlement Talks

• A partial win creates pressure on the opposing party.
• Signals strength to the judge and opposing counsel.

5. To Simplify Jury Instructions and Evidence Presentation

• Jurors won’t need to consider irrelevant or already-resolved legal theories.

Examples of Effective Use

Example 1: Contract Dispute

A plaintiff sues for breach of contract and breach of the implied covenant of good faith. The court grants partial summary judgment on the breach of contract claim but finds factual disputes on the bad faith issue.

Example 2: Personal Injury Case

A defendant concedes negligence but contests punitive damages. Plaintiff files partial MSJ on liability, which is granted. Only damages go to trial.

Example 3: Employment Lawsuit

An employee sues under multiple discrimination theories. The court grants partial summary judgment dismissing age discrimination, but allows race and gender claims to proceed.

Strategic Benefits of Partial MSJs

• Saves time and money by narrowing trial scope.
• Eliminates weak or redundant claims that clutter litigation.
• Focuses discovery on relevant issues.
• Boosts credibility with the court by showing legal precision.
• Improves jury clarity and prevents confusion.

Risks and Challenges

• Complex preparation: Must isolate legal and factual issues precisely.
• Court may prefer full resolution: Some judges avoid piecemeal decisions.
• Not always cost-effective: Filing and arguing partial MSJs can be expensive.
• Can reveal your strategy: Opposing counsel learns your trial themes.

How to File an Effective Partial MSJ

1. Target Claims or Defenses That Can Be Cleanly Separated

Avoid issues deeply entangled with factual disputes.

2. Draft a Precise Statement of Undisputed Material Facts

Limit it to facts relevant to the narrowed claim or issue.

3. Support Your Motion With Admissible Evidence

Use:

• Depositions
• Contracts
• Affidavits
• Discovery responses

4. Clearly Identify What You’re Asking the Court to Decide

Spell out:

• Specific counts
• Elements of claims
• Damages categories (if relevant)

5. Coordinate With Your Overall Litigation Timeline

Make sure your motion doesn’t interfere with trial prep or other deadlines.

How Courts Handle Partial Summary Judgment

Courts may:

• Grant partial judgment and issue findings.
• Deny the motion if genuine factual disputes remain.
• Defer ruling if trial is close or discovery is incomplete.

Federal Rule 56 and most state rules explicitly permit partial MSJs.

How Legal Husk Can Help

At Legal Husk, we help litigants craft powerful, court-compliant partial summary judgment motions that simplify trial and improve outcomes.

Our services include:

• Drafting partial MSJs focused on key claims or defenses
• Preparing supporting briefs, facts, and exhibits
• Ensuring proper formatting and citation for federal or state court

You can purchase professional legal documents at:

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

Final Thoughts

Partial summary judgment is one of the most strategically underutilized tools in litigation. Done right, it can trim the fat from a case, cut costs, and increase leverage. Whether you’re aiming to clarify legal issues, limit exposure, or set the tone for trial, this motion may be the right move.

📩 Need a strong partial summary judgment motion? Visit Legal Husk today to purchase expert legal drafting services that help you win before trial.