Lesson 16: Motion for Summary Judgment

The Motion for Summary Judgment is a crucial aspect of civil procedure. This motion is typically filed by a party who believes that there are no genuine disputes as to the material facts of the case, and that they are entitled to judgment as a matter of law.

Summary judgment can be an effective way to avoid the need for a lengthy and costly trial, provided that the moving party can demonstrate that there are no factual disputes requiring a trial for resolution.

Key Elements of a Motion for Summary Judgment

  • No Genuine Dispute of Material Fact: The moving party must show that there is no genuine dispute regarding any material facts.
  • Entitlement to Judgment as a Matter of Law: The moving party must demonstrate that they are entitled to judgment under the applicable law.


Motion for Summary Judgment


The Defendant moves for summary judgment because there are no genuine disputes of material fact and the Defendant is entitled to judgment as a matter of law.

Process Flow

graph TD; A["File Motion for Summary Judgment"] --> B["Response by Opposing Party"]; B --> C["Reply by Moving Party"]; C --> D["Court Hearing"]; D --> E["Court Decision"];

Standard for Granting Summary Judgment

The court must determine whether there is a genuine dispute of material fact that warrants a trial. If the moving party meets its burden, the burden shifts to the non-moving party to demonstrate that there is indeed a genuine dispute.


function isSummaryJudgmentAppropriate(materialFacts) {
    return materialFacts.every(fact => !fact.isDisputed);
}

document.addEventListener("DOMContentLoaded", function() {
    const materialFacts = [
        { fact: 'Fact 1', isDisputed: false },
        { fact: 'Fact 2', isDisputed: false },
        { fact: 'Fact 3', isDisputed: true }
    ];

    console.log(isSummaryJudgmentAppropriate(materialFacts)); // Output: false
});

For more detailed analysis and examples, visit the Types of Motions section of this instructable.

Case Law and Precedents

Case law plays a significant role in the understanding and application of summary judgment. Courts often rely on precedents to determine whether summary judgment is appropriate in a given situation. Refer to authoritative resources such as Wikipedia for a general overview.

Continue exploring related topics:

« Previous
Next »