summary judgment

A summary judgment is a judgment entered by a court for one party and against another party without a full trial.

Overview

In civil cases, either party may make a pre-trial motion for summary judgment.

For federal courts, Rule 56 of the Federal Rules of Civil Procedure governs summary judgment. Under Rule 56, in order to succeed in a motion for summary judgment, a movant must show:

There is no genuine issue of material fact, and
The movant is entitled to judgment as a matter of law .

A “genuine issue of material fact" exists if evidence could allow a factfinder to decide against the movant. A movant is entitled to judgment as a matter of law if evidence no reasonable jury could rule against the movant based on the facts.

Many states have similar pre-trial motions. For example, in New York, summary judgment is governed by N.Y. C.P.L.R. § 3212. In California, Cal. Code Civ. Proc. § 437c provides the applicable provisions.

Partial Summary Judgment

Judges may also grant partial summary judgment to resolve some issues in the case and leave the others for trial. For example, a judge might rule on some factual issues pre-trial but leave the more complicated ones for trial. Alternately, a judge might grant summary judgment regarding liability, but still hold a trial to determine damages.

Evidence and Burden of Proof

When considering a motion for summary judgment, the court views all evidence in the light most favorable to the non-movant. If the evidence is “merely colorable, or is not significantly probative,” summary judgment may be granted. In federal courts, a summary judgment does not necessarily lessen the burden for the non-movant: the non-movant still bears the burden of coming forward with sufficient evidence on each element that must be proved. See: Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 249-50 (1986).

New York state courts follow a burden-shifting approach. First, the moving party must show that there is no genuine issue of material fact and that the party is entitled to judgment as a matter of law. Once the moving party satisfies its initial burden, the burden shifts to the non-movant to show the possibility of a factual issue and/or that the moving party is not entitled to judgment as a matter of law.

Extra Materials

When a party moves for summary judgment, there is no need for that party to submit "affidavits or other similar materials" to support the motion. See Celotex Corp. v. Catrett, 477 U.S. 317 (1986).

Granting the Motion

If the motion is granted for a full summary judgment, there will be no trial. The judge will immediately enter judgment for the movant. If the motion is granted for a partial summary judgment, the trial remains to resolve the remaining issues.