Summary Judgment
SJSUM-uh-ree JUDGE-ment
A pre-trial decision that the case can be resolved as a matter of law because there is no genuine dispute of material fact.
Governing rule: Fed. R. Civ. P. 56
Plain-English definition
Summary judgment is a request by either party for the court to decide the case (or a part of it) without a trial because the evidence in the record shows there is no genuine dispute about the key facts. The party moving for summary judgment must show they would win as a matter of law if the undisputed facts are accepted.
In a sentence After the close of fact discovery, defendant moved for summary judgment on the breach-of-contract claim, arguing that no reasonable juror could find the parties had reached a meeting of the minds.
How it works
Filed after discovery, typically near the end of the pretrial schedule. The moving party must show no genuine dispute of material fact exists; the opposing party must produce admissible evidence raising a triable issue. Courts review the record in the light most favorable to the non-moving party.
Why it matters
Roughly 35% of federal cases that survive a motion to dismiss are resolved on summary judgment without ever reaching trial. The decision is reviewed de novo on appeal.
Frequently asked
- What's the difference between motion to dismiss and summary judgment?
- A motion to dismiss tests the complaint as written; summary judgment tests the evidence after discovery.
- Can summary judgment be partial?
- Yes — courts often grant summary judgment on some claims while letting others proceed to trial.