Summary judgment

Summary Judgment

A courtroom where summary judgments may be decided.

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 Standard

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.

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.

Procedure

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.

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