Summary judgment - sustany/dvg GitHub Wiki

Definition

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.�

Rule 56 of the Federal Rules of Civil Procedure governs summary judgment for federal courts. Under Rule 56,�in order to succeed in a motion for summary judgment, a�movant�must show 1) that there is no genuine�dispute as to any�material�fact, and 2) that the�movant�is entitled to�judgment as a matter of law.

"Material fact" refers to any facts that could allow a fact-finder to decide against the�movant.

Many states have similar pre-trial motions.

Partial Summary Judgment

Judges may grant partial summary judgment. For example, a judge might rule on some factual issues, but leave others for trial. Alternately, a judge might grant summary judgment regarding liability, but still hold a trial to determine damages.

Procedural Notes

Viewing Evidence

When considering a motion for summary judgment, a judge will view all evidence in the light most favorable to the�movant's�opponent.�

Affidavits

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, there will be no trial. The judge will immediately enter judgment for the�movant.