Civil procedure

Summary Judgment

Summary judgment is a ruling that resolves a claim before trial because there is no genuine dispute about any material fact.

The standard has two halves. A fact is material only if it could change the outcome under the governing law, and a dispute is genuine only if the evidence would let a reasonable jury find either way. The judge views the record in the light most favorable to the side opposing the motion.

It is not a mini-trial. Credibility contests and competing inferences belong to the jury, so a judge who finds the evidence conflicting must deny the motion even while doubting one side's story.

A denial is not a loss on the merits. It simply means the case needs a factfinder, so a defendant who loses the motion is no closer to liability than before, and unlike a grant, the denial usually cannot be appealed right away.

How it appears on a docket

MEMORANDUM OPINION AND ORDER granting 88 Motion for Summary Judgment as to Counts I and III and denying it as to Count II. Trial on Count II set for 5/4/2026.

Governing rule

Fed. R. Civ. P. 56(a)

Related terms

  • Motion for Summary JudgmentA motion for summary judgment asks the court to decide a claim without a trial because the important facts are not genuinely disputed.
  • JudgmentA judgment is the court's final decision resolving the claims in a case and stating who wins and what they get.

More on civil procedure

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