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← Older revision		Revision as of 11:36, 15 February 2025
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	~~'''~~Summary judgment''' is a legal procedure used in [[civil law]] systems to promptly and efficiently resolve a case without a trial. It is granted when there is no dispute as to the material facts of the case, and one party is entitled to judgment as a matter of law. This procedure allows courts to avoid unnecessary trials when it is clear that one side cannot win because there are no facts at issue. Summary judgment can be requested by either the plaintiff or the defendant, and it is awarded through a court order.		== Summary Judgment ==

	~~==Overview==~~		[[File:FedStat_Court_Res1.jpg\|thumb\|right\|A courtroom where summary judgments may be decided.]]
	~~The process for seeking a~~ summary ~~judgment varies by jurisdiction but generally involves the filing of a motion by one party seeking the court's judgment. The motion must~~ be supported by declarations, affidavits, and other evidence demonstrating that there are no genuine issues of material fact requiring a trial. The opposing party is given the opportunity to respond and present any evidence that would suggest a dispute of material fact exists.

	~~If the court finds that there~~ is ~~no genuine issue of material fact~~ and ~~that the moving party~~ is ~~entitled to~~ judgment as a ~~matter of law~~, ~~it will grant the summary~~ judgment~~, effectively ending~~ the case~~. However~~, ~~if there is evidence~~ that ~~suggests a genuine issue of material fact, the motion will be denied, and the~~ case ~~will proceed to trial~~.		Summary judgment is a legal procedure used in civil litigation to promptly and efficiently resolve a case without a trial. It is a judgment entered by a court for one party and against another party summarily, i.e., without a full trial. Summary judgment may be issued on the merits of an entire case, or on discrete issues in that case.

	==Legal ~~Standards~~==		== Legal Standard ==
	~~The standards for granting summary judgment vary slightly among different jurisdictions but generally require that the moving party demonstrates two main points:~~
	~~1. There is no genuine dispute as to any material fact.~~
	~~2. The moving party is entitled to judgment as a matter of law.~~

	In the United States, the Federal Rules of Civil Procedure ~~(Rule 56) govern the process of~~ summary judgment in ~~federal courts. Many states have similar rules in their own procedures~~.		In the United States, summary judgment is governed by [[Rule 56]] of the [[Federal Rules of Civil Procedure]]. The rule provides that a party may move for summary judgment on any claim or defense in the case, and the court shall grant it if the movant shows that there is no genuine dispute as to any material fact and the movant is entitled to judgment as a matter of law.

	~~==Advantages and Disadvantages==~~		The standard for granting summary judgment is that there must be no "genuine issue of material fact" and the moving party must be "entitled to judgment as a matter of law." A "material fact" is one that might affect the outcome of the case under the governing law. A "genuine issue" exists if the evidence is such that a reasonable jury could return a verdict for the non-moving party.
	The ~~primary advantage of~~ summary judgment is that ~~it saves time~~ and ~~resources for both~~ the ~~parties and the court by avoiding unnecessary trials. It can lead~~ to a ~~quicker resolution~~ of ~~disputes and reduce~~ the ~~backlog~~ of ~~cases in~~ the ~~judicial system~~.

	However, critics argue that summary judgment can sometimes prevent a full exploration of the facts of a case, as it relies on the judgment of the court based on written submissions rather than a trial. There is also concern that the procedure may be unfairly used against parties with fewer resources.		== Procedure ==

	~~==Conclusion==~~		The procedure for summary judgment involves the filing of a motion by one of the parties. This motion is typically supported by affidavits, depositions, and other evidence that demonstrate the absence of any genuine issue of material fact. The opposing party may respond with their own evidence to show that there is indeed a genuine issue for trial.
	~~Summary~~ judgment ~~plays~~ a ~~crucial role in~~ the ~~civil litigation process~~ by ~~providing a mechanism for~~ the ~~swift resolution~~ of ~~cases~~ that ~~do not require~~ a trial to ~~determine~~ the ~~facts~~. ~~While~~ it ~~offers significant benefits in terms of efficiency~~ and ~~resource allocation~~, it is ~~important that courts carefully consider each motion to ensure that the~~ right to a ~~fair~~ trial ~~is preserved~~.
			The court will review the evidence in the light most favorable to the non-moving party. If the court finds that there is no genuine issue of material fact, it will grant summary judgment. If there is a genuine issue, the case will proceed to trial.

			== Advantages and Disadvantages ==

			Summary judgment can be advantageous because it can save time and resources by avoiding a lengthy trial. It can also provide a quicker resolution to a case, which can be beneficial for both parties.

			However, summary judgment can also be disadvantageous if it is granted prematurely, potentially denying a party their right to a full trial. It requires careful consideration of the evidence and the applicable law.

			== Related Legal Concepts ==

			* [[Motion to Dismiss]]
			* [[Directed Verdict]]
			* [[Judgment as a Matter of Law]]
			* [[Appeal]]

			== Related Pages ==

			* [[Civil Procedure]]
			* [[Trial]]
			* [[Litigation]]
			* [[Federal Rules of Civil Procedure]]

	[[Category:Legal terms]]		[[Category:Legal terms]]
	[[Category:Civil procedure]]		[[Category:Civil procedure]]

	~~{{law-stub}}~~

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2024-03-28T06:09:26Z

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'''Summary judgment''' is a legal procedure used in [[civil law]] systems to promptly and efficiently resolve a case without a trial. It is granted when there is no dispute as to the material facts of the case, and one party is entitled to judgment as a matter of law. This procedure allows courts to avoid unnecessary trials when it is clear that one side cannot win because there are no facts at issue. Summary judgment can be requested by either the plaintiff or the defendant, and it is awarded through a court order.

==Overview==
The process for seeking a summary judgment varies by jurisdiction but generally involves the filing of a motion by one party seeking the court's judgment. The motion must be supported by declarations, affidavits, and other evidence demonstrating that there are no genuine issues of material fact requiring a trial. The opposing party is given the opportunity to respond and present any evidence that would suggest a dispute of material fact exists.

If the court finds that there is no genuine issue of material fact and that the moving party is entitled to judgment as a matter of law, it will grant the summary judgment, effectively ending the case. However, if there is evidence that suggests a genuine issue of material fact, the motion will be denied, and the case will proceed to trial.

==Legal Standards==
The standards for granting summary judgment vary slightly among different jurisdictions but generally require that the moving party demonstrates two main points:
1. There is no genuine dispute as to any material fact.
2. The moving party is entitled to judgment as a matter of law.

In the United States, the Federal Rules of Civil Procedure (Rule 56) govern the process of summary judgment in federal courts. Many states have similar rules in their own procedures.

==Advantages and Disadvantages==
The primary advantage of summary judgment is that it saves time and resources for both the parties and the court by avoiding unnecessary trials. It can lead to a quicker resolution of disputes and reduce the backlog of cases in the judicial system.

However, critics argue that summary judgment can sometimes prevent a full exploration of the facts of a case, as it relies on the judgment of the court based on written submissions rather than a trial. There is also concern that the procedure may be unfairly used against parties with fewer resources.

==Conclusion==
Summary judgment plays a crucial role in the civil litigation process by providing a mechanism for the swift resolution of cases that do not require a trial to determine the facts. While it offers significant benefits in terms of efficiency and resource allocation, it is important that courts carefully consider each motion to ensure that the right to a fair trial is preserved.

[[Category:Legal terms]]
[[Category:Civil procedure]]

{{law-stub}}

Summary judgment - Revision history

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