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Dispositive (resolves the case) · MSJ

Motion for Summary Judgment

Asks the court to decide some or all of a case without trial because the material facts are undisputed. The defendant's last realistic exit before trial.

Governing rule
Fed. R. Civ. P. 56
Read the rule

What it is

A request to resolve some or all of a case without trial because there is 'no genuine dispute as to any material fact' and the moving party is entitled to judgment as a matter of law. Unlike a motion to dismiss, summary judgment looks beyond the pleadings to actual evidence — depositions, documents, sworn declarations.

When it's used

Typically filed after discovery is substantially complete. Defendants use it to escape trial when the plaintiff cannot prove an essential element; plaintiffs use it on individual claims (often liability while leaving damages for trial) or against affirmative defenses.

What the other side does

The opposing party files a counter-statement of facts and an opposition brief, attaching evidence to show there ARE genuine disputes. They may also cross-move for summary judgment in their own favor on different issues.

Common outcomes

Granted (case resolved without trial), denied (case proceeds to trial), or granted-in-part (some issues decided, trial narrowed to the remainder). Denials are not immediately appealable; grants are.

Not legal advice. Motion practice varies by court, judge, and case type. Local rules and standing orders frequently modify the federal defaults shown here. If you're facing a motion or considering filing one, talk to a lawyer about strategy and timing for your specific case.