In civil litigation, not every case goes to trial. One of the most important tools parties use to try to resolve a case early is a motion for summary judgment. Understanding what this motion is—and what it is not—can help you better evaluate your position in a lawsuit.
What Is a Motion for Summary Judgment?
A motion for summary judgment is a party’s request that the court decide a civil case, in whole or in part, without a trial.
A court may grant summary judgment when:
- There is no genuine issue of material fact, and
- The moving party is entitled to judgment as a matter of law
In simple terms, summary judgment is appropriate when there is no real factual dispute for a judge or jury to resolve at trial.
What Must the Moving Party Prove?
To succeed on a motion for summary judgment, the moving party must show that the opposing party lacks evidence to support a judgment in their favor.
This means:
- There is no contradictory evidence to weigh
- There is no factual issue requiring a trial
- The moving party’s evidence satisfies the legal requirements of the claims at issue
If these conditions are met, the court may decide the case without ever reaching a jury.
Why Summary Judgment Motions Are Hard to Win
Although summary judgment can be powerful, it is not easy to obtain.
Courts are required to:
- Review the evidence in the light most favorable to the non-moving party
- Resolve doubts about factual issues against the party requesting summary judgment
If the court is unsure whether a genuine factual dispute exists, it must deny the motion and allow the case to proceed.
Responding to a Summary Judgment Motion Is Critical
A party opposing summary judgment should submit evidence explaining why the motion should be denied. Simply relying on allegations or failing to respond can be extremely dangerous.
In fact, not responding to a summary judgment motion can be fatal to a case.
Strategic Considerations
Because summary judgment motions require careful legal and factual analysis, deciding whether to file one—or how to defend against one—is often a strategic decision that can shape the outcome of a case.
An experienced litigator can help evaluate:
- Whether summary judgment is realistic
- What evidence is required
- How best to oppose a motion filed by the other side
If you have any questions about the topic discussed in this article, or any legal matter, please give us a call at Bononi & Company 724-832-2499.