key term - Motion for Summary Judgment

Definition

A motion for summary judgment is a legal request made to the court to rule in favor of one party based on the evidence presented, without going to trial. This motion asserts that there are no genuine disputes regarding material facts and that the moving party is entitled to judgment as a matter of law. It streamlines the legal process by resolving cases efficiently when the facts are clear, saving time and resources for both the court and the parties involved.

5 Must Know Facts For Your Next Test

1. A motion for summary judgment can be filed by either party in a civil case and typically occurs after discovery has been completed.
2. The court considers all evidence presented in a light most favorable to the non-moving party when deciding on the motion.
3. If granted, the case is resolved without a trial, which can significantly reduce litigation costs and time.
4. The standard for granting a summary judgment is that there must be no genuine issue of material fact, meaning that a reasonable jury could not find in favor of the non-moving party.
5. Parties opposing the motion must provide evidence showing that there are indeed disputes over material facts to avoid summary judgment.

Review Questions

• What are the key criteria that a court considers when evaluating a motion for summary judgment?
  • When evaluating a motion for summary judgment, a court primarily looks for the absence of genuine disputes regarding material facts. The court reviews all evidence in favor of the non-moving party, assessing whether any reasonable jury could find differently based on the presented evidence. If it appears that no reasonable jury could rule in favor of the opposing party due to clear evidence, the court may grant the motion, effectively resolving the case without a trial.
• Discuss how discovery impacts the ability to file a motion for summary judgment and its potential outcome.
  • Discovery plays a crucial role in shaping whether a motion for summary judgment can be effectively filed. During this phase, parties gather evidence and disclose information relevant to the case, which helps determine if there are any genuine issues of material fact. If one party can clearly demonstrate through collected evidence that there are no factual disputes needing resolution at trial, they are more likely to succeed in their motion for summary judgment. Conversely, insufficient discovery may lead to unresolved factual disputes, making it less likely that summary judgment will be granted.
• Evaluate the strategic advantages and disadvantages of filing a motion for summary judgment in civil litigation.
  • Filing a motion for summary judgment offers several strategic advantages, such as potentially avoiding a lengthy trial and reducing overall litigation costs if granted. It allows a party to assert their strong position based on clear evidence and may compel an opponent to reevaluate their stance. However, there are also disadvantages; if denied, it can embolden the opposing party and lead to increased motivation for them to prepare more thoroughly for trial. Additionally, losing this motion can signal weaknesses in one’s case that could impact future strategies and negotiations.

Related terms

Affidavit:

A written statement confirmed by oath or affirmation, used as evidence in court.

Discovery:

The pretrial phase in which parties exchange information and gather evidence to prepare for trial.

Genuine Issue of Material Fact: A factual dispute that could affect the outcome of the case, which must be resolved at trial if it exists.