What is a Motion for Summary Judgment?
A motion for summary judgment is a powerful tool that can save time and money when used properly. In this blog, we’ll discuss the what, when, and how of Motions for Summary Judgment. A motion for summary judgment is a legal document filed with the court that asks the judge to rule in favor of the moving party without the need for a trial. The moving party argues that there are no genuine issues of material fact and that even if the court takes the facts in the light most favorable to the non-moving party, the law supports a ruling in favor of the moving party.
The purpose of a motion for summary judgment is to allow the court to resolve cases more quickly and efficiently when there are no genuine issues of material fact. If the court grants the motion, it effectively ends the case without the need for a trial.
When Can a Motion for Summary Judgment Be Used?
In civil cases, either party can file a motion for summary judgment when they believe no further issues of material fact exist. This generally means that the parties must first have time to conduct discovery and develop their understanding of the facts before filing for summary judgment.
How Does a Motion for Summary Judgment Work?
To file a motion for summary judgment, the moving party must first prepare and file a written document with the court. This document must include a statement of facts and legal arguments supporting the party's position. The party must also include evidence to support their claims, such as affidavits, physical evidence, and other documents.
The non-moving party then has an opportunity to respond to the motion by filing their own written response with the court. This response must address the issues raised by the moving party and present evidence to support their own position. Often the non-moving party will argue that summary judgment should be denied due to issues of fact which remain outstanding.
The moving party is then allowed to file a “strict reply” which addresses or rebuts the arguments presented in the non-moving party’s opposition.
After both parties have filed their written submissions, the court will hold a hearing on the motion for summary judgment. At the hearing, the parties will argue their positions and present their evidence to the judge. The judge will then decide whether to grant or deny the motion for summary judgment.
If the judge grants the motion for summary judgment, the case will be dismissed without the need for a trial. If the judge denies the motion, the case will proceed as previously intended.