A denied motion for summary judgment isn’t the end of the road. Learn what steps follow and how you can strategically proceed after a motion is denied in civil litigation.
While a motion for summary judgment can be a powerful tool for resolving disputes early, not every motion is granted. When a court denies a motion for summary judgment, it doesn’t necessarily mean the case is doomed to proceed to trial. Instead, it often signals the need for further strategic planning. In this article, Legal Husk explores what happens after a motion for summary judgment is denied, the implications for the litigation process, and how parties can adjust their strategies going forward.
✅ When a motion for summary judgment is denied, it generally means the court has found that there are genuine disputes of material fact that require a trial to resolve. However, the denial of the motion doesn’t mean the case is automatically headed for a full trial.
Continued Litigation: The denial typically means that the case will continue into the discovery phase, pre-trial motions, or trial itself. The judge has determined that there are issues of fact that a jury, not the judge, should resolve.
Focus on Trial Preparation: While the case may not be dismissed, the denial prompts both parties to focus more intently on preparing for trial. This includes gathering more evidence, conducting depositions, and refining legal arguments.
Example: If the defendant’s motion for summary judgment is denied in a negligence case, the defendant must then prepare for trial by identifying weaknesses in the plaintiff’s evidence and developing arguments to challenge those issues at trial.
🎯 Strategic Tip: After a motion for summary judgment is denied, refocus your efforts on trial preparation—the judge has signaled that a trial is likely necessary, and effective trial strategy becomes paramount.
✅ A denied motion for summary judgment can also provide valuable insight into how the judge views the strengths and weaknesses of the case. This insight should be used to re-evaluate and adjust your legal strategy moving forward.
Understand the Court’s Ruling: Carefully analyze the court’s reasons for denying the motion. What factual disputes did the court identify? Which legal issues did the judge find unresolved? Understanding these points can help refine your case theory and identify areas for further development.
Consider Alternative Motion Options: If summary judgment has been denied, consider other pre-trial motions that might help narrow the issues. Motions in limine, for example, can be used to exclude certain evidence or arguments before trial, allowing you to focus on the key issues.
Example: If the motion for summary judgment was denied based on a disputed issue of fact, you may consider filing a motion for judgment on the pleadings to test the sufficiency of the plaintiff’s claims based on the pleadings alone.
Strengthen Your Evidence: Often, a motion for summary judgment is denied because there is insufficient evidence to prove that there is no genuine issue of material fact. You may need to gather additional evidence or bolster your case through depositions, expert testimony, or document discovery.
🎯 Strategic Tip: Use the denial of summary judgment as an opportunity to sharpen your evidentiary foundation and reconsider your litigation approach. The goal is to prepare for trial with a more robust case.
✅ If a motion for summary judgment is denied, the next likely step is preparation for trial. While a trial may not be the desired outcome, it's important to approach it with a strategic mindset to maximize your chances of success.
Focus on Key Issues: Identify the central issues that remain unresolved and will be pivotal at trial. After a summary judgment denial, both parties need to focus on the facts and legal theories that will most effectively support their claims or defenses.
Example: In a breach of contract case, the primary issue may be whether the terms of the contract were clearly established and whether the defendant’s actions constituted a breach. Focus on strengthening evidence related to these points.
Witness Preparation: If the case proceeds to trial, witness testimony can be crucial. Focus on preparing key witnesses to testify on factual issues, and be prepared to challenge the opposing party’s witnesses during cross-examination.
Jury Considerations: When preparing for trial, it’s important to think about how the case will be presented to a jury. Crafting a compelling narrative for the jury is key to persuading them of your position.
Example: If the motion for summary judgment was denied based on factual disputes over intent or motive, prepare to present evidence and arguments in a way that clarifies these points for the jury.
🎯 Strategic Tip: Use the denial of summary judgment as a signal to tighten your trial presentation. Anticipate the issues the jury will need to decide and create a persuasive story around those issues.
✅ Even after the denial of a motion for summary judgment, settlement negotiations can still be a viable option. A denied motion indicates that the case is not straightforward, and this might motivate both parties to explore alternative dispute resolution methods like mediation or settlement.
Settlement Leverage: The denial of summary judgment might signal to both parties that the case is uncertain, and they may be more open to negotiation. The parties might recognize that trial carries risks, and reaching a settlement could be a more favorable outcome for both sides.
Mediation: Courts often encourage mediation, especially when summary judgment motions have been denied. Mediation provides a neutral platform for both parties to explore settlement options without the risk of trial.
Example: After a motion for summary judgment is denied, the parties might agree to a mediation session, where both sides can present their positions and potentially settle the case before going to trial.
🎯 Strategic Tip: Consider re-evaluating settlement opportunities after a summary judgment denial. Weigh the potential risks of proceeding to trial and use mediation as a way to find a resolution.
✅ If your motion for summary judgment was denied, you may consider appealing the ruling. However, appellate courts are typically reluctant to overturn a lower court’s decision on summary judgment motions, so this option should be carefully considered.
Appellate Review: While appeals are possible, they are not guaranteed. Appellate courts review summary judgment denials under a deferential standard, meaning that they generally will not reverse a ruling unless it’s clear the trial court made a legal error.
Grounds for Appeal: Successful appeals usually involve significant legal errors, such as improper application of the law or failure to apply the correct standard for granting summary judgment. The denial of a summary judgment motion on factual grounds is often harder to appeal.
Example: If a motion is denied due to a factual dispute, the appellate court may be unwilling to reverse the denial since appeals typically focus on legal issues, not factual determinations made by the trial court.
🎯 Strategic Tip: Be cautious about pursuing an appeal after a denial of summary judgment, as the chances of success are often low unless there is a clear legal error. Consider settling or focusing on trial preparation instead.
A denial of a motion for summary judgment is not the end of the case, but rather a turning point that requires careful reassessment and adjustment of strategy. After a denial, focus on trial preparation, reevaluate your legal arguments, and consider settlement options. With the right approach, you can effectively move forward and continue pursuing a favorable resolution.
At Legal Husk, we assist litigators in refining their approach after a motion for summary judgment is denied, helping them build stronger cases for trial or settlement.
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