A motion for summary judgment (MSJ) can be a powerful tool in litigation. If granted, it resolves all or part of a case without the need for trial. But what if the court denies the motion?

While a denial can feel like a setback, it is far from the end of the road. In fact, it can open new opportunities for case strategy, settlement, or trial preparation. Understanding what a denial means and how to respond is critical to keeping your case on track.

In this blog, we’ll explore what happens when a motion for summary judgment is denied, why it happens, and the strategic steps you can take next. If you need support with motion drafting, responses, or trial documents, Legal Husk offers professional legal drafting services tailored to your needs.

What Happens If a Motion for Summary Judgment Is Denied?

Introduction

A motion for summary judgment (MSJ) can be a powerful tool in litigation. If granted, it resolves all or part of a case without the need for trial. But what if the court denies the motion?

While a denial can feel like a setback, it is far from the end of the road. In fact, it can open new opportunities for case strategy, settlement, or trial preparation. Understanding what a denial means and how to respond is critical to keeping your case on track.

In this blog, we’ll explore what happens when a motion for summary judgment is denied, why it happens, and the strategic steps you can take next. If you need support with motion drafting, responses, or trial documents, Legal Husk offers professional legal drafting services tailored to your needs.

Understanding What a Denial Means

A denial of a motion for summary judgment means the court has determined that there are genuine disputes of material fact that must be resolved by a judge or jury at trial. It does not mean the case is over or that your arguments were invalid.

In essence, the court is saying: “There is enough conflicting evidence that this issue should be decided at trial.”

There are two types of denials:

• Full Denial: The court finds all claims or defenses have issues of fact requiring trial.
• Partial Denial: Some claims may go forward, while others are dismissed.

Common Reasons Why a Summary Judgment Motion Is Denied

• There is conflicting testimony between witnesses.
• The evidence, when viewed in the light most favorable to the opposing party, supports multiple interpretations.
• The moving party failed to submit sufficient admissible evidence.
• The legal standard for judgment as a matter of law was not clearly met.
• The motion was filed prematurely before discovery was complete.

Immediate Implications of a Denial

• The case proceeds to trial preparation.
• The court may issue a pretrial order setting deadlines and trial dates.
• Remaining claims become the focus of discovery, expert reports, or settlement talks.

Even though the motion is denied, the evidence and arguments raised may still influence how the case unfolds at trial.

Strategic Options After a Denial

1. Refine Your Trial Strategy

Use the court’s ruling as a roadmap for trial preparation. Analyze the court’s reasoning to:

• Identify which facts the court found genuinely disputed.
• Determine which legal elements still need to be proven.
• Adjust witness lists and trial exhibits accordingly.

2. Consider Settlement Negotiations

Sometimes, a denial of summary judgment motivates both parties to:

• Re-evaluate the strength of their case.
• Avoid the time, expense, and uncertainty of trial.
• Pursue mediation or direct negotiations.

3. File Motions in Limine

You can file pretrial motions to:

• Exclude certain evidence the court did not rely on.
• Limit the opposing party’s arguments.
• Streamline the issues presented to the jury.

4. Prepare for Trial with a Focused Plan

The denial narrows down what must be addressed at trial. Use this to:

• Develop a tight narrative for opening and closing statements.
• Organize witnesses around disputed factual elements.
• Reassert key legal arguments with strong evidentiary support.

5. Preserve the Issue for Appeal

A denied MSJ doesn’t usually allow an immediate appeal, but you can:

• Raise the issue again in a Rule 50(a) motion for judgment as a matter of law during trial.
• File a Rule 50(b) motion (renewed judgment) after trial.
• Include the MSJ denial in a post-trial appeal.

Preserving your arguments throughout the trial can strengthen your position on appeal.

Can You Refile a Motion for Summary Judgment?

Yes, in limited cases. You may:

• File a renewed or supplemental motion if new evidence emerges.
• Re-argue the motion if the court invites reconsideration.

However, courts generally expect parties to file one well-supported MSJ, so refiling is rare and must be justified.

How Legal Husk Can Help

At Legal Husk, we provide professional litigation support for every stage of your case. Whether your summary judgment motion was denied or you're preparing for trial, we offer:

• Post-denial strategic consultations and legal drafting.
• Revised motions, trial briefs, and motions in limine.
• Well-structured witness outlines and evidentiary summaries.
• Affordable and court-compliant legal documents.

You can purchase our services directly online and receive expertly prepared documents that strengthen your litigation plan.

Final Thoughts

While a denied motion for summary judgment may seem like a setback, it can be a valuable turning point in your case. By understanding the court’s reasoning and adjusting your strategy, you can go into trial—or settlement—with renewed focus and strength.

Whether you need help responding to a denial, preparing for trial, or drafting powerful court documents, Legal Husk is here to support your success every step of the way.

📩 Contact Legal Husk today to purchase professionally drafted litigation documents and move forward with confidence.