Summary Judgment

A procedural device used during civil litigation to promptly and expeditiously dispose of a case
without a trial. It is used when there is no dispute as to the material facts of the case and a party
is entitled to judgment as a Matter of Law.
Any party may move for summary judgment; it is not uncommon for both parties to seek it. A
judge may also determine on her own initiative that summary judgment is appropriate. Unlike
with pretrial motions to dismiss, information such as affidavits, interrogatories, depositions, and
admissions may be considered on a motion for summary judgment. Any evidence that would be
admissible at trial under the RULES OF EVIDENCE may support a motion for summary judgment.
Usually a court will hold oral arguments on a summary judgment motion, although it may decide
the motion on the parties' briefs and supporting documentation alone.
The purpose of summary judgment is to avoid unnecessary trials. It may also simplify a trial, as
when partial summary judgment dispenses with certain issues or claims. For example, a court
might grant partial summary judgment in a personal injury case on the issue of liability. A trial
would still be necessary to determine the amount of damages.
Two criteria must be met before summary judgment may be properly granted: (1) there must be
no genuine issues of material fact, and (2) the Movant must be entitled to judgment as a matter of
law. A genuine issue implies that certain facts are disputed. Usually a party opposing summary
judgment must introduce evidence that contradicts the moving party's version of the facts.
Moreover, the facts in dispute must be central to the case; irrelevant or minor factual disputes
will not defeat a motion for summary judgment. Finally, the law as applied to the undisputed
facts of the case must mandate judgment for the moving party. Summary judgment does not
mean that a judge decides which side would prevail at trial, nor does a judge determine the
credibility of witnesses. Rather, it is used when no factual questions exist for a judge or jury to
decide.
The moving party has the initial burden to show that summary judgment is proper even if the
moving party would not have the Burden of Proof at trial. The court generally examines the
evidence presented with the motion in the light most favorable to the opposing party. Where the
opposing party will bear the burden of proof at trial, the moving party may obtain summary
judgment by showing that the opposing party has no evidence or that its evidence is insufficient
to meet its burden at trial.
Jurisdictions vary in their requirements for opposing a summary judgment motion. Federal rule
of civil procedure 56 governs the applicability of summary judgment in federal proceedings, and
each state has its own rules. In some states it is sufficient if the party opposing the motion merely
calls the court's attention to inconsistencies in the pleadings and the movant's evidence without
introducing further evidence. This approach rarely results in a court's granting summary
judgment. On the other hand, other jurisdictions, including federal courts, do not permit a party
opposing summary judgment to rest on the pleadings alone. Once the movant has met the initial
burden of showing the absence of a genuine issue of material fact, the burden shifts to the
opposing party to introduce evidence to contradict the movant's allegations.
West's Encyclopedia of American Law, edition 2. Copyright 2008 The Gale Group, Inc. All
rights reserved.

summary judgment n. a court order ruling that no factual issues remain to be tried and therefore a
cause of action or all causes of action in a complaint can be decided upon certain facts without
trial. A summary judgment is based upon a motion by one of the parties that contends that all
necessary factual issues are settled, and therefore need not be tried. The motion is supported by
declarations under oath, excerpts from depositions which are under oath, admissions of fact, and
other discovery, as well as a legal argument (points and authorities), that argue that there are no
triable issues of fact and that the settled facts require a summary judgment for the moving party.
The opposing party will respond by counter-declarations and legal arguments attempting to show
that there are "triable issues of fact." If it is unclear whether there is a triable issue of fact in any
cause of action, then summary judgment must be denied as to that cause of action. The theory
behind the summary judgment process is cut down on unnecessary litigation by eliminating
without trial one or more causes of action in the complaint. The pleading procedures are
extremely technical and complicated, and are particularly dangerous to the party against whom
the motion is made. (See: summary adjudication of issues, cause of action)
Copyright 1981-2005 by Gerald N. Hill and Kathleen T. Hill. All Right reserved.


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