Seeking a Summary Judgement? Get a Lawyer to Help You

What Is a Summary Judgement?

A summary judgment is a procedure that can rapidly dispose of a court case without it going to trial. This occurs when there is no dispute between the two parties and when one party is naturally entitled to judgment as a Matter of Law.

Any party may request a judgment, but often, both parties desire it. At times, a judge may also push for one during the court case.

In the U.S., a summary judgment helps reach a verdict without the case proceeding with a trial.  If there is evidence to include (under law) in court, this could trigger a motion toward a summary judgment. For this motion to pass, the court usually has oral arguments before concluding. The two parties can also prepare briefs and provide documentation on which a motion can be decided.

The main reason for a summary judgment is avoiding an unnecessary trial. If a trial must proceed, there may be cause for a partial motion, which can significantly reduce the length of the trial.

Granting a Summary Judgement

At a summary judgment hearing, you have the opportunity to request a motion for judgment. For a judge to grant this motion, two key criteria must be satisfied.

First, there must be no material fact in dispute. A material fact is essential to the case’s outcome, not trivial or irrelevant. If there is a material fact in question, granting summary judgment is unlikely.

Second, the movant—the person requesting the motion—must meet the Matter of Law standard. This means convincing the judge that the law supports their position and warrants granting the judgment without proceeding to trial.

If both criteria are met, the judge can grant summary judgment. When no factual questions remain for the judge or jury to consider, the judge resolves the case in favor of the movant, eliminating the need for a trial.

The Procedure of a Summary Judgement

So, how is one created, and how does it move forward?

The moving party bears the initial burden toward the summary judgment, making sure it is proper. This is required even if the moving party would otherwise not have the Burden of Proof at a potential trial.

The court analyzes the moving party’s burden and documentation. The moving party’s burden must prove that there is no cause for the opposing party to present the Burden of Proof at a potential trial. The judgment should show that the claimed evidence by the opposing party is either nonexistent (not material facts) or insufficient for a trial to proceed.

As with most aspects of the law, summary judgement intricacies depend on the jurisdiction’s rules. Specifically, a jurisdiction has its own requirements on how to oppose a judgement. In federal rulings, Civil Procedure 56 decides if a summary judgement applies in a federal case.

An experienced lawyer understands the intricacies of the jurisdiction or federal case. For example, in some jurisdictions and some federal rulings, the opposing party has the burden of proof to challenge the movant’s judgment if the opposing party wishes to move to a trial. Whether you hope to prevent a trial with a summary judgment or need to oppose one, find a lawyer to come to your aid.

How to Respond to a Motion

If you are the plaintiff and need to respond to a motion put forth by the defendant, oppose the judgment. In this case, a plaintiff must produce documentation and other evidence to convince the judge that the case must proceed to trial and that the summary judgment does not hold water.

It is imperative to produce strong evidence to oppose a summary judgment motion. A lawyer is the best aid for producing this.

The Burden Shift

There is also the possibility of a shift of burden for the summary judgment motion. This means the defendant, who is also the moving party, now has to challenge the plaintiff’s opposition.

The defendant must prove that the plaintiff cannot produce any evidence or any strong evidence to support their opposition. This can prove challenging and is often brought up at a late stage in a case. Legal advocates should help the defendant fight back against the plaintiff’s opposition.

How a Motion Is Filed

A motion for summary judgment must have a hearing date. Whichever party brings the motion, it must provide a Memorandum of Points and Authorities. This memorandum states the legal basis for pushing the motion for summary judgement through. Regardless of the contents, if the moving party does not provide the Memorandum and does not comply with statutory requirements, the court may disregard the motion altogether.

Once again, depending on the jurisdiction, there may be additional requirements for the moving party. These can include filing a Separate Statement of Undisputed Material Facts. The opposing party may have to provide a Separate Statement of Disputed Material Facts.

Work With an Experienced Local Lawyer

If you want to see a summary judgment example, we can steer you in the right direction. If you desire a summary judgment for dismissing a trial, you need a great lawyer by your side.

Submit a request online or call us today at (866) 345-6784 to get in touch with an experienced lawyer in your area!

About the Author

Aaron is a professional legal writer with a B.S. in English Education from Southern Illinois University – Carbondale. He has written, published, and edited thousands of legal articles for RequestLegalHelp, which has connected over 5 million people to legal help in the United States.

With over five years of experience writing thousands of legal articles for law firms across the U.S. and Canada, Aaron specializes in covering federal, state, and city-level legal issues ranging from auto accidents to wrongful terminations. Contact Aaron at [email protected] for article suggestions, collaborations, or inquiries.