Motion for summary judgment

Definition

A motion for summary judgment is a legal request made to a court to rule that the other party has no viable case because there are no genuine disputes of material fact. This motion aims to resolve a case without the need for a full trial by demonstrating that the evidence overwhelmingly supports one side, thus allowing the court to decide the issue based on the law. This process is tightly connected to the pretrial phase, particularly in how it can streamline litigation and determine what issues must actually be resolved at trial.

5 Must Know Facts For Your Next Test

1. A motion for summary judgment can be filed by either party in a lawsuit once discovery is complete but before trial begins.
2. To succeed, the moving party must show that there are no genuine disputes of material fact and that they are entitled to judgment as a matter of law.
3. The court will consider all evidence in the light most favorable to the non-moving party when evaluating the motion.
4. If granted, a motion for summary judgment can dispose of some or all claims, significantly reducing trial time and expenses.
5. Opposing parties may submit their own affidavits and evidence to contest a motion for summary judgment and establish genuine disputes.

Review Questions

• How does a motion for summary judgment differ from other types of pretrial motions?
  • A motion for summary judgment specifically seeks to resolve cases without going to trial by asserting that there are no genuine disputes of material fact, while other pretrial motions may address various procedural issues or requests for additional information. Unlike motions to dismiss, which focus on legal deficiencies in pleadings, a motion for summary judgment evaluates factual evidence after discovery. This distinction highlights how it streamlines litigation by potentially eliminating unnecessary trials.
• What role do affidavits play in supporting or opposing a motion for summary judgment?
  • Affidavits serve as critical pieces of evidence in motions for summary judgment. When a party files this motion, they often include affidavits from witnesses or experts to establish facts that support their argument. Conversely, the opposing party can submit their own affidavits to challenge these facts, demonstrating that genuine disputes exist. The quality and content of these affidavits can significantly influence the court's decision regarding whether to grant or deny the motion.
• Evaluate the impact of granting a motion for summary judgment on both parties involved in litigation.
  • Granting a motion for summary judgment can dramatically shift the dynamics of litigation. For the moving party, it offers an opportunity to resolve their claims favorably without enduring the costs and uncertainties of a trial. However, it can leave the opposing party with limited options and potentially lead to appeals if they believe the decision was unjust. This procedural outcome underscores the importance of presenting strong evidentiary support during pretrial phases, as it can effectively determine the case's trajectory and influence future litigation strategies.

Related terms

Genuine Dispute: A factual disagreement between parties in a legal proceeding that could affect the outcome of the case.

Affidavit: A written statement confirmed by oath or affirmation, used as evidence in court.

Burden of Proof:

The obligation to prove one's assertion in a legal dispute, which typically lies with the party bringing the claim.