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 case because there are no facts at issue. It is typically filed after discovery has been completed and is supported by evidence such as affidavits, depositions, or documents that demonstrate there are no genuine disputes over material facts, allowing the court to decide the case without going to trial.

5 Must Know Facts For Your Next Test

1. The purpose of a motion for summary judgment is to avoid unnecessary trials by resolving cases where there is no factual dispute.
2. If the motion is granted, the case is resolved in favor of the moving party without the need for a trial.
3. Opposing parties can file their own motions for summary judgment, which allows them to argue that there are indeed material facts in dispute.
4. The court evaluates the motion based on the evidence presented and views all facts in the light most favorable to the non-moving party.
5. Summary judgment can be partial, meaning it resolves some claims while leaving others to proceed to trial.

Review Questions

• What factors must be demonstrated by the moving party to successfully obtain a motion for summary judgment?
  • To successfully obtain a motion for summary judgment, the moving party must demonstrate that there are no genuine disputes over material facts and that they are entitled to judgment as a matter of law. This involves presenting evidence such as affidavits and documents that clearly show the lack of any factual disagreement. The court then reviews this evidence, interpreting it in favor of the opposing party, and if it finds no disputes exist, it may grant the motion.
• How do affidavits play a role in supporting or opposing a motion for summary judgment?
  • Affidavits serve as sworn statements from witnesses that provide factual evidence relevant to the case. In the context of a motion for summary judgment, they can be critical in establishing or disputing material facts. The moving party uses affidavits to show there are no factual disputes, while the opposing party can counter with their own affidavits to argue that there are indeed issues that require a trial. The weight and credibility of these affidavits can significantly influence the court's decision.
• Evaluate how the discovery phase impacts the effectiveness of motions for summary judgment in legal proceedings.
  • The discovery phase plays a pivotal role in the effectiveness of motions for summary judgment as it allows parties to gather evidence and clarify facts before filing such motions. Through discovery, parties can obtain documents, take depositions, and request admissions that help build their case. A well-prepared discovery process equips both sides with the necessary information to either support or oppose motions effectively. If significant evidence is uncovered during discovery, it may reveal genuine disputes over material facts, making it less likely that a motion for summary judgment will succeed.

Related terms

Summary Judgment Standard: The legal standard applied by courts to determine if a motion for summary judgment should be granted, requiring the moving party to show that there is no genuine dispute of material fact.

Affidavit:

A written statement confirmed by oath or affirmation, used as evidence in court, often submitted in support of a motion for summary judgment.

Discovery: The pre-trial phase in a lawsuit during which parties exchange information and gather evidence to prepare for trial, crucial for supporting or opposing motions for summary judgment.