Summary judgment

Summary judgment in U.S. legal practice is a judgment awarded by the court prior to trial, effectively holding that no trial will be necessary. Issuance of summary judgment can be based only upon the court's finding that: (1) there are no issues of "material" fact requiring a trial for their resolution, and (2) in applying the law to the undisputed facts, one party is clearly entitled to judgment. A party making a motion for summary judgment (or making any other motion) is called a "moving party." A "material fact" is one which, depending upon what the factfinder believes "really happened," could lead to judgment in favor of one party, rather than the other. A simple example of summary judgment is provided below.

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In Anglo-American jurisprudence, all issues of law are decided by the judge,

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never by a jury. It is the factfinder (such as, a jury) who decides "what really happened," and it is the judge who applies the law to the facts as determined by the factfinder, whether directly or by giving instructions to the jury. Absent an award of summary judgment (or some other type of pretrial dismissal), a lawsuit will ordinarily proceed to trial, which is an opportunity for each party to present evidence in an attempt to persuade the factfinder that such party is saying "what really happened," and that, under the judge's view of applicable law, such party should prevail.

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A party moving for summary judgment is attempting to eliminate its risk of losing at trial by demonstrating to the judge, by sworn statements and documentary evidence, that there are no material issues of fact remaining to be tried. If there's nothing for the jury to decide, then, asks the moving party rhetorically, why have a trial? In its motion for summary judgment, the moving party will also attempt to persuade the court that the undisputed material facts require judgment to be entered in favor of the moving party. In many jurisdictions, a party moving for summary judgment takes the risk that, although the judge may agree there are no material issues of fact remaining for trial, the judge may also find that it is the non-moving party who is entitled to judgment as a matter of law.

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A party moving for summary judgment may refer to any evidence that would be admissible if there were to be a trial, such as, depositions, party admissions, documents received during discovery (such as contracts, emails, letters, and certified government documents). Each party may present to the court its view of applicable law by submitting a legal memorandum in support of, or in opposition to, the motion. The court may allow for oral argument of the lawyers, generally where the judge wishes to question the lawyers on issues in the case.

Related Topics:
Deposition - Discovery - Court - Legal memorandum - Oral argument

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Summary judgment is awarded if the undisputed facts and the law make it clear that it would be impossible for one party to prevail if the matter were to proceed to trial. The court must consider all materials in the light most favorable to the party opposing the motion for summary judgment. See Adickes v. S.H. Kress & Co., 398 U.S. 144, (1970), and Celotex v. Catrett, 477 U.S. 317 (1986).

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If a trial could result in the jury (or judge in a bench trial) deciding in favor of the party opposing the motion, then summary judgment is inappropriate. A decision granting summary judgment can be appealed without delay. A decision denying summary judgment ordinarily cannot be immediately appealed; instead, the case continues on its normal course. In United States federal courts, a denial of summary judgment cannot be appealed until final resolution of the whole case, because of the requirements of 28 U.S.C. 1291 and 28 U.S.C. 1292 (the final judgment rule).

Related Topics:
Jury - Bench trial - United States federal courts

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Where appropriate, a court may award summary judgment upon less than all claims, known as "partial summary judgment."

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It is not uncommon for summary judgments of lower US courts in complex cases to be overturned on appeal. A grant of summary judgment is reviewed "de novo" (meaning, without deference to the views of the trial judge) both as to the determination that there is no remaining genuine issue of material fact and that the prevailing party was entitled to judgment as a matter of law.

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A motion for summary judgment in United States District Court is governed by Rule 56 of the Federal Rules of Civil Procedure. Other pretrial motions, such as a "motion for judgment on the pleadings" or a "motion to dismiss for failure to state a claim upon which relief may be granted," can be converted by the judge to motions for summary judgment, if matters outside the pleadings are presented to -- and not excluded by -- the trial-court judge.

Related Topics:
United States District Court - Civil Procedure

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