Civil procedure
Motion for Summary Judgment
A motion for summary judgment asks the court to decide a claim without a trial because the important facts are not genuinely disputed.
It comes after discovery, when both sides know what the evidence is. The moving party attaches depositions, documents, and declarations and argues that no reasonable jury could find for the other side, so the judge can apply the law and be done.
The response is where cases are won. The opposing party must point to specific evidence creating a genuine dispute; arguing that a jury might disbelieve the movant's witnesses is not enough. Partial summary judgment on some claims is a common outcome and narrows what goes to trial.
Watch the accompanying documents. Most districts require a separate statement of undisputed facts with citations to the record, and the opposing party's response to that statement is often where you can see exactly which facts are genuinely contested.
How it appears on a docket
MOTION for Summary Judgment filed by Acme Logistics, Inc. (Attachments: # 1 Memorandum, # 2 Statement of Undisputed Material Facts, # 3 Declaration of R. Patel)
Governing rule
Fed. R. Civ. P. 56
Related terms
- Summary Judgment — Summary judgment is a ruling that resolves a claim before trial because there is no genuine dispute about any material fact.
- Discovery — Discovery is the pretrial process in which each side must hand over the evidence and information relevant to the case.
More on civil procedure
See this term in a real case
Search federal court records and read the filings where motion for summary judgment actually shows up. New to federal dockets? Start with how to find a federal case.