{"id":368976,"date":"2016-04-04T10:47:05","date_gmt":"2016-04-04T15:47:05","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-law\/litigation\/filing-a-lawsuit\/what-is-summary-judgment.html"},"modified":"2024-05-03T00:33:57","modified_gmt":"2024-05-03T05:33:57","slug":"what-is-summary-judgment","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/litigation\/filing-a-lawsuit\/what-is-summary-judgment.html","title":{"rendered":"What Is Summary Judgment?"},"content":{"rendered":"\n
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What Is Summary Judgment?<\/h1>\n
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\n By Lyle Therese A. Hilotin-Lee, J.D.<\/a> | Legally reviewed by Melissa Bender, Esq.<\/a>\n | Last updated\n
\n \n <\/i>\n Legally Reviewed\n <\/summary>\n\n
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This article has been written and reviewed for legal accuracy, clarity, and style by FindLaw\u2019s team of legal writers and attorneys<\/a> and in accordance with our editorial standards<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n\n

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The last updated date refers to the last time this article was reviewed by FindLaw or one of our contributing authors<\/a>. We make every effort to keep our articles updated. For information regarding a specific legal issue affecting you, please contact an attorney in your area<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n<\/section>\n

Court hearings are often based on two critical discussions: the interpretation of questions of law and the examination of facts. However, only some cases require a comprehensive trial. A summary judgment can resolve some issues. In civil cases<\/a> like this, a moving party asks the court to apply the law to an undisputed fact. Then, the court makes a ruling without proceeding to a full trial. Summary judgment streamlines the judicial process. It often saves both parties time and resources.<\/p>\r\n

This article will teach you about summary judgment, its purpose, and the process involved. It will also discuss the circumstances under which this motion can impact the outcome of a case.<\/p>\r\n

What Is the Purpose of a Summary Judgment<\/h2>\r\n

Summary judgment is a pretrial motion<\/a> that promptly resolves legal actions where the parties have no genuine issues with any material fact. The court produces a judgment for one party against the opposing party without needing a full trial.<\/p>\r\n

How a Motion for Summary Judgment Works<\/h2>\r\n

When a party believes no crucial facts are under dispute, they can file a motion for summary judgment. A typical summary judgment process has three parts. For this example, let’s assume that the plaintiff filed the motion and that the defendant must now respond.<\/p>\r\n

1. Presenting the facts<\/h3>\r\n

First, the plaintiff will present a version of the facts. The plaintiff usually attaches photos, signed witness statements (affidavits), depositions<\/a>, and any other evidence to back up their arguments about the facts.<\/p>\r\n

2. Explaining the law<\/h3>\r\n

Next, the plaintiff will argue about the statement of law. The plaintiff’s attorney will write a memorandum discussing the statutes and cases governing the parties. They will attempt to convince the judge that the plaintiff is entitled to win the case under state or federal law.<\/p>\r\n

3. Anticipating arguments<\/h3>\r\n

The plaintiff will anticipate the defendant’s argument in the last part of the summary judgment motion. The plaintiff will try to prove they will still win the case even if the defendant is correct in their arguments.<\/p>\r\n

For example, the plaintiff in a case about squatter’s rights might claim they lived on a piece of property for 15 years. They anticipate that the defendant will argue that the plaintiff has only lived on the property for 10 years. In this case, the plaintiff can argue that even if they had only lived on the property for 10 years, that is still enough time to win on a claim of squatter’s rights.<\/p>\r\n

In their response, the defendant can either try to show that the plaintiff’s arguments about the law are conclusory<\/a> or that there is evidence that there could be more than one version of the facts.<\/p>\r\n

Role of Evidence in Summary Judgment<\/h2>\r\n

When judges consider a motion for summary judgment, the evidence presented by the moving party is critical.<\/p>\r\n

However, according to the landmark case of Celotex Corp. v. Catrett<\/i>, 477 U.S. 317 (1986)<\/a>, the court does not require the moving party to submit an affidavit or other similar evidence supporting the motion. Instead, the movant should show that there is no genuine issue of material fact. The court looks at all the evidence on record, even those not cited in the pleadings.<\/p>\r\n

Suppose the movant successfully demonstrates that there are no triable issues and that they are entitled to judgment as a matter of law. In that case, the judge will grant the motion and enter a final judgment<\/a> in favor of the movant, effectively ending the case without civil litigation<\/a>.<\/p>\r\n

Note that when considering the motion for summary judgment, the judges look at the evidence in a light that is the most favorable to the opposing party or the nonmoving party. This ensures the court draws all inferences in favor of the party opposing the motion.<\/p>\r\n

The Judge’s Decision<\/h2>\r\n

After submission of all the papers and supporting evidence, the judge will review all the paperwork and decide. Under Rule 56 of the Federal Rules of Civil Procedure<\/a>, the court will grant the motion for summary judgment if the plaintiff shows the following:<\/p>\r\n