The moving party files a motion arguing there is no genuine dispute of material fact and they are entitled to judgment as a matter of law (Rule 56, FRCP).
The movant submits a numbered statement of material facts claimed to be undisputed, supported by citations to depositions, affidavits, and documents.
The non-moving party responds to each numbered fact (admitting or disputing with evidence) and may file a cross-motion for summary judgment.
The moving party may file a reply brief addressing arguments raised in the opposition and any counter-statement of facts.
The judge reviews all materials, drawing all reasonable inferences in favor of the non-moving party, to determine if a reasonable jury could find for the non-movant.
The court grants summary judgment (ending the case or specific claims), denies it (case proceeds to trial), or grants partial summary judgment (narrowing trial issues).
Summary judgment motions are filed after discovery is complete (or sufficiently advanced to assess the evidence). The moving party files a brief with a statement of undisputed material facts, supported by depositions, affidavits, interrogatory responses, and documents. The non-moving party must respond with specific facts showing a genuine dispute exists — they cannot rely on mere allegations or denials in their pleadings. Courts view all evidence and inferences in the light most favorable to the non-moving party. Partial summary judgment on individual claims or issues is common, narrowing the case for trial. Summary judgment is particularly important in employment discrimination, qualified immunity, and contract interpretation cases.
Attorney: "Your Honor, we move for summary judgment on the breach of contract claim. The undisputed facts show: the contract required delivery by June 1st; the defendant admits delivery was made July 15th; and the contract contains no force majeure clause. No reasonable jury could find for the defendant."
Judge: "Summary judgment denied. While the defendant may ultimately prevail, viewing the evidence in the light most favorable to the plaintiff, a reasonable jury could find that the defendant's statements constituted fraud. Credibility determinations are for the jury."
Attorney: "We submit the declaration of Mr. Rivera establishing that the statements plaintiff attributes to him were never made. Plaintiff has offered no evidence beyond her own conclusory allegation. Absent corroboration, this is insufficient to create a genuine issue of material fact."
Students frequently misunderstand the standard: the question is not whether the moving party's evidence is persuasive, but whether any reasonable juror could find for the non-moving party. Courts do not weigh evidence on summary judgment — if there is any genuine dispute of material fact, the motion must be denied.
Federal summary judgment under FRCP 56 applies the Celotex/Anderson/Matsushita trilogy standards. Some state courts apply higher burdens on the moving party or require the movant to affirmatively negate elements rather than merely pointing to an absence of evidence.
Celotex Corp. v. Catrett, 477 U.S. 317 (1986)
Held that the moving party does not need to negate the opponent's claim but merely point out the absence of evidence supporting an essential element of the non-moving party's case.
Anderson v. Liberty Lobby, Inc., 477 U.S. 242 (1986)
Established that the substantive evidentiary standard of proof applicable at trial applies to summary judgment motions, and that the non-moving party must present more than a scintilla of evidence.
Matsushita Electric Industrial Co. v. Zenith Radio Corp., 475 U.S. 574 (1986)
Held that where the non-moving party's version of events is implausible in light of the record, the court need not credit it at the summary judgment stage.
| Summary Judgment | Directed Verdict / JMOL |
|---|---|
| Filed before trial | Made during or after trial |
| Based on pleadings, discovery, and affidavits | Based on evidence presented at trial |
| Decided by the judge pretrial | Decided by the judge during trial proceedings |
| Standard: no genuine dispute of material fact | Standard: reasonable jury could not find for non-movant |
| Governed by Rule 56 | Governed by Rule 50 |
What is summary judgment?
Summary judgment is a procedural device under Federal Rule of Civil Procedure 56 that allows a court to decide a case or specific claims without a full trial. It is granted when there is no genuine dispute of material fact and the moving party is entitled to judgment as a matter of law. It promotes judicial efficiency by resolving cases where trial would serve no purpose.
Can you appeal a summary judgment?
Yes, a grant of summary judgment is a final order that can be appealed. The appellate court reviews the decision de novo, applying the same standard as the trial court. A denial of summary judgment is generally not immediately appealable because it is an interlocutory order, though exceptions exist for qualified immunity and certain other issues.
What is the standard for summary judgment?
The court must grant summary judgment if the movant shows there is no genuine dispute as to any material fact and the movant is entitled to judgment as a matter of law. The court views all evidence in the light most favorable to the non-moving party. A factual dispute is "genuine" only if a reasonable jury could return a verdict for the non-moving party.
When can you file a motion for summary judgment?
Under the federal rules, a party may file a motion for summary judgment at any time until 30 days after the close of discovery, unless the court orders otherwise. Many courts set specific deadlines in their scheduling orders. Filing too early, before adequate discovery, may result in denial under Rule 56(d).
The burden of proof refers to a party's obligation to prove the facts necessary to support their cla...
Discovery is the pretrial process by which parties obtain information and evidence from each other a...
A deposition is a form of discovery in which a witness gives sworn testimony outside of court, typic...
A motion in limine is a pretrial motion asking the court to rule on the admissibility of evidence be...
