A summary judgment is a judgment entered by a court for one party and against another party without a full trial.
Overview
Incivil cases,eitherpartymay make a pre-trialmotionfor summary judgment.
Rule 56 of the Federal Rules of Civil Procedure governs summary judgment for federal courts. Under Rule 56,in order to succeed in a motion for summary judgment, amovantmust show 1) that there is no genuinedispute as to anymaterialfact, and 2) that themovantis entitled tojudgment as a matter of law.
"Material fact" refers to any facts that could allow a fact-finder to decide against themovant.
Many states have similar pre-trial motions.
Partial Summary Judgment
Judges may grant partial summary judgment. For example, a judge might rule on some factual issues, but leave others for trial. Alternately, a judge might grant summary judgment regarding liability, but still hold a trial to determine damages.
Procedural Notes
Viewing Evidence
When considering a motion for summary judgment, a judge will view all evidence in the light most favorable to themovant'sopponent.
Affidavits
When a party moves for summary judgment, there is no need for that party to submit "affidavitsor other similar materials" to support the motion.SeeCelotexCorp. v.Catrett, 477 U.S. 317 (1986).
Granting the Motion
If the motion is granted, there will be no trial. The judge will immediately enter judgment for themovant.
Further Reading
For more on summary judgment, seethisFlorida State University Law Review article, this New York Law Journal article, and this Oklahoma City University Law Review article.
