Blog
what is summary judgment
Contents
- 1 What is Summary Judgment?
What is Summary Judgment?
Summary judgment is a legal process that resolves a lawsuit without a full trial. One party asks the court to decide the case in their favor based on the evidence presented, arguing there are no factual issues remaining to be tried. If the motion is granted, there is no need for a trial and the moving party prevails.
When is Summary Judgment Appropriate?
Courts will grant summary judgment when there is no “genuine dispute as to any material fact” and the moving party is entitled to judgment as a matter of law (Federal Rule of Civil Procedure 56). This means that based on the evidence:
The factual issues are clear, not in dispute.
Only questions of law remain.
A reasonable jury could only find in favor of the moving party.
If reasonable people could differ on what the evidence shows, then summary judgment cannot be granted. The judge must view evidence in the light most favorable to the non-moving party.
The Purpose of Summary Judgment
The purpose of summary judgment is judicial efficiency. It avoids the time and expense of a trial when the outcome is reasonably clear. However, courts do not grant summary judgment lightly given every party’s right to trial.
As the Supreme Court stated, “Summary judgment procedure is properly regarded not as a disfavored procedural shortcut, but rather as an integral part of the federal rules as a whole, which are designed to secure the just, speedy and inexpensive determination of every action” (Celotex Corp. v. Catrett).
How to Bring a Summary Judgment Motion
Under Rule 56, either plaintiff or defendant may bring a summary judgment motion asserting:
There are no genuine issues of material fact.
The moving party is entitled to judgment based on those undisputed facts.
The moving party must support assertions by:
Citing particular evidence from materials in record – affidavits, documents, discovery responses.
Showing the cited evidence does not reasonably support a verdict for the other party.
Steps to Filing Summary Judgment Motion
The process for filing a summary judgment motion includes:
- Moving party serves other parties and files motion with memorandum of law.
- Opposing party has time set by rules (often 30 days) to serve and file opposing memorandum, with its own evidence.
- Moving party may file reply memorandum within time set by rules (often 15 days).
- Court hears oral arguments, examines evidence in record.
- Court grants or denies motion – may grant partial summary judgment.
What Courts Consider in Summary Judgment
In deciding a summary judgment motion, the court reviews evidence in record including:
Pleadings – formal allegations by parties of their claims and defenses.
Admissions – facts admitted as true by opposing party.
Affidavits – sworn written statements by witnesses based on personal knowledge.
Declarations – written statements signed under penalty of perjury.
Interrogatories – written questions one party sent to another with answers under oath.
Depositions – prior testimony of parties and witnesses under oath.
Other discovery responses – depends on local court rules.
The court does not make credibility determinations or weigh contradictory evidence at this stage – evidence is viewed in light most favorable to non-moving party.
Burdens of Proof in Summary Judgment
For each essential element of a claim, the party who bears burden of proof at trial has the burden in summary judgment to present evidence establishing element sufficiently to take to a jury.
So while the moving party has the overall burden to show no genuine dispute of fact, the non-moving party must still demonstrate evidence supporting each element of claim.
What Happens After Summary Judgment Decision
If court denies summary judgment motion, case proceeds to trial or settlement negotiations. But an order granting summary judgment for all or part of case has res judicata effect – it is final judgment on the merits.
Losing party may file motion to reconsider or appeal decision. Grounds for reconsideration are limited – cannot just introduce evidence available earlier. Appeal looks for legal errors only.
If summary judgment granted, remedies follow as if after full trial – damages, injunction, etc.
Pros and Cons of Summary Judgment
Potential advantages of summary judgment include:
Saves significant litigation time and expense if granted.
Narrows focus of trial to remaining disputed facts if only partially granted.
Promotes settlement once issues clarified.
Arguments against overuse of summary judgment motions:
Parties deserve “day in court” – right to jury trial with live testimony.
Cases often involve credibility issues or disputed interpretations best weighed at trial.
Burden and expense falls heavily on non-moving party.
Examples of Summary Judgment Cases
Many types of federal cases frequently involve summary judgment motions, including:
Employment Discrimination
In employment lawsuits, the court must decide if evidence could support a finding that illegal discrimination caused adverse job action under Title VII, ADEA, ADA or other laws. Disputed interpretations may preclude summary judgment.
For example, in Riordan v. Kempiners (7th Cir. 2016), the court reversed summary judgment for employer, finding jury should decide if disability led to job reassignment.
Personal Injury
In injury claims, if essential facts like negligence or cause disputed, summary judgment is inappropriate. But issues like contributory negligence may satisfy standard.
For instance, in Estate of Perez v. City of Chicago (N.D. Ill. 2019), the court denied defendant’s summary judgment motion because conflicting witness accounts created jury questions on police excessive force.
Breach of Contract
With breach of contract claims, summary judgment may be denied if reasonable minds could disagree whether a party failed basic duties. But issues like meaning of terms may meet the standard.
In Ind. Lumbermens Mut. Ins. v. Re Insurance Co. (1st Cir. 2006), the court upheld summary judgment for the insured because the policy term “loss” was unambiguous as a matter of law.
So in various cases, summary judgment can sharpen focus on remaining disputed facts or dispose of an entire case without trial if evidence truly points one way. Understanding the standard helps assess when to bring or oppose these motions.