Imagine a construction company enters into a contract with a couple to build a house for them. The contract stipulates that the project must be completed within a year because time is of the essence, and that the contractor must use certain specified materials, including copper pipes, to build the house. Both parties agree to the terms of the contract and sign the document.
After a year goes by, the couple observes that the construction project is still not complete. In addition, the workmanship is shoddy and steel pipes were used instead of copper pipes for the plumbing work. For its shortcomings, the couple sues the construction company for breach of contract.
The construction company files a response to the couple’s complaint, stating that the contractor delayed the project because he had other higher-paying jobs placing demands on his time, and that he chose steel pipes instead of copper pipes because the materials were cheaper to work with. The couple, however, doesn’t believe these circumstances absolve the company of its contractual obligations.
In this case, the established facts include: (1) the contract between the couple and the construction company is valid; (2) the construction company failed to complete the project on or before the agreed upon deadline, and there is no valid reason for the delay; and (3) the construction company failed to use the materials specified in the contract.
The couple believes that regardless of the evidence presented by the construction company, these undisputed facts make the outcome of the lawsuit clear under the law. As a result, they file a motion for summary judgment to ask the court to rule in their favor without the case going to trial.
In this motion for summary judgment example, the court might grant the couple’s motion, since the undisputed facts of the case clearly indicate that the construction company breached its contract. Even if the construction company were to present compelling evidence to demonstrate why it was less profitable for it to satisfy the terms of the contract, it’s improbable the outcome would change.
Had this lawsuit proceeded to trial, it would have been a waste of not just the parties’ resources but the court’s as well. Trials are reserved for lawsuits in which there are disputed facts. In this lawsuit, the facts were cut-and-dried, and no amount of evidence presented by the opposing party could successfully call those facts into question.
This example of a motion for summary judgment by plaintiffs demonstrates the power of this motion type in efficiently resolving lawsuits without trial when the outcome is unambiguous under the law.
If you are uncertain about whether a motion for summary judgment can be used in your lawsuit, it is worth consulting with a qualified litigation firm to find out.
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Motion for Summary Judgment: Definition
A motion for summary judgment asks the court to decide a case before it goes to trial. This motion type can be requested when the material facts of a case are not in dispute and clearly favor the moving party. In such an instance, the moving party can argue they are entitled to a judgment as a matter of law.
What Is a Motion for Partial Summary Judgment?
Summary judgment motions can also be filed in cases where certain facts are undisputed and others are not. In such instances, a motion for partial summary judgment can be requested to ask the court to rule on particular issues within a case.
A motion for partial summary judgment is also known as a motion for summary adjudication . In this motion, the court makes a final determination on certain undisputed claims, defenses and issues surrounding whether the defendant owed or did not owe a duty to the plaintiff, leaving the remaining claims, defenses and issues for trial.
According to California Code of Civil Procedure section 437c(f)(1), the court will only grant summary adjudication if the motion completely resolves the claims, defenses or issues at hand. Section 437c(f)(2) states that a motion for summary adjudication can be filed alongside a motion for summary judgment. However, it stipulates that if the summary adjudication motion is denied, the party cannot move for summary judgment later based on issues asserted in the prior motion unless the party, to the satisfaction of the court, establishes that new evidence, circumstances or changes in the law support their request.
Say an employee files a lawsuit against her employer, claiming that the employer wrongfully terminated her and failed to pay her overtime for the extra hours she worked. If the employer has time logs and payroll records that verify the employee was properly paid for all the hours she worked, and those facts are not disputed by the employee, the employer could file a motion for summary adjudication to ask the court to deny the overtime claim. If granted, it would result in only the wrongful termination claim being litigated at trial.
What Is a Cross-Motion for Summary Judgment?
A cross-motion for summary judgment is filed by the opposing party in response to the moving party’s motion for summary judgment. This motion asks the court to rule in favor of the opposing party, rather than the moving party, without the case going to trial.
Like summary judgment motions, cross-motions for summary judgment ask the court to decide an entire lawsuit, although cross-motions for summary adjudication are also available.
Suppose a customer sues a grocery store, claiming he slipped on a wet floor and sustained serious injuries. The grocery store files a motion for summary judgment, arguing that it’s not liable because there was clear signage alerting customers about the hazardous floor. In response, the customer files a cross-motion for summary judgment, arguing that the store’s signage was insufficient and that the store was unequivocally negligent. In this motion for summary judgment example, both parties are asking the court to rule in their favor before the case proceeds to trial.
What Is the Purpose of a Motion for Summary Judgment?
The purpose of filing a motion for summary judgment is to prevent an unnecessary trial. The purpose of filing a motion for summary adjudication is to eliminate certain undisputed claims, defenses or issues from being litigated at trial. Trials can be costly, time-consuming and emotionally taxing, so seeking to narrow their scope or avoid them entirely through a summary judgment or summary adjudication motion could be a worthwhile pursuit.
A persuasive motion for summary judgment could also prompt the opposing party to consider settling the case outside of court, even if they previously were unwilling to do so. After being served the motion, they may realize the moving party’s case is stronger than they anticipated and opt to reach a compromise through settlement to avoid the risk of the court ruling in that party’s favor.
No matter the type of lawsuit, it’s worth considering whether a motion for summary judgment or motion for summary adjudication could help resolve it. If granted, either motion could significantly streamline the litigation process, leading to time and cost savings. An experienced attorney can advise you on whether a summary judgment or summary adjudication motion is a viable option in your situation. Remember, these motions are not applicable to every case.
Who Can File a Motion for Summary Judgment?
If you’re involved in a lawsuit, the advantages of summary judgment motions are likely quite appealing. But are these motions available to both parties, or are they limited to just plaintiffs or defendants?
In the following sections, we’ll explore which parties have the right to file motions for summary judgment.
Can a Plaintiff File a Motion for Summary Judgment?
A plaintiff can file a motion for summary judgment, asking the court to rule in their favor on specific claims or the entire lawsuit without going to trial, if they believe the key facts are undisputed and the law strongly supports their position.
If the defendant in a lawsuit files a motion for summary judgment, the plaintiff has the right to either file an opposition to the motion or file a cross-motion for summary judgment.
Can a Defendant File a Motion for Summary Judgment?
A defendant can file a motion for summary judgment, asking the court to dismiss certain claims or the entire lawsuit, if they believe the plaintiff’s claims are legally flawed, or that the undisputed facts of the case demonstrate that they’re not liable.
If the plaintiff in a lawsuit files a motion for summary judgment, the defendant has the right to either file an opposition to the motion or file a cross-motion for summary judgment.
When Can You File a Motion for Summary Judgment?
A motion for summary judgment is a pretrial motion that can be filed virtually any time prior to trial. That said, most parties file it after the discovery phase of litigation. Timing is important because valid summary judgment motions rely on concrete, undisputed facts, which are typically gathered during the discovery process through methods such as interrogatories, depositions or the accumulation of physical evidence.
In simple terms, either party in a lawsuit can file a summary judgment motion once they believe they have sufficient evidence to support their position that no material facts are in dispute. This often happens during the later stages of pretrial proceedings, as this is when each party has a clearer understanding of the strengths and weaknesses of both their own case and their opponent’s case.
That said, it’s not a hard-and-fast rule that summary judgment motions must be filed after discovery. In the next section, we’ll explore situations in which it may be appropriate to file a motion for summary judgment before the discovery phase begins.
Can You File a Motion for Summary Judgment Before Discovery?
Although it’s rare for a party to file a summary judgment motion before discovery, there are instances where doing so may be appropriate.
Take the motion for summary judgment example discussed in the introduction of this article. In that case, the couple could have theoretically filed a motion for summary judgment immediately after receiving the construction company’s response to their complaint, as the key facts were undisputed from the beginning. The company had clearly failed to meet the terms of the contract, a fact that was also acknowledged by the company itself. While the company provided explanations for its breach in its response to the complaint, the couple was entitled to a judgment in its favor as a matter of law. The court could reach this conclusion based solely on the contract and complaint, without the need for further discovery.
Regardless of when during the litigation process you file a summary judgment motion, it’s crucial you pay attention to deadlines. In the following sections, we discuss important deadlines for summary judgment motions.
Motion for Summary Judgment: California Deadlines and Procedures
Regardless of how compelling a party’s motion for summary judgment may be, the court can deny it if it is not filed within the specified deadlines.
Adhering to deadlines is crucial when it comes to summary judgment motions, as the opposing party must have adequate time to thoroughly review the motion and, if necessary, file an opposition or cross-motion. Additionally, the court will need time to assess the validity of the motion before making a ruling.
What Is the Deadline to File a Motion for Summary Judgment in California?
According to California Code of Civil Procedure section 437c(a)(1), a party can file a motion for summary judgment any time after 60 days have elapsed since the opposing party filed their response to the initial complaint if they believe the lawsuit lacks merit or there are no valid defenses against its claims.
It’s possible the court could allow a summary judgment motion to be filed earlier than the 60-day mark, even if the opposing party hasn’t been notified, if it believes there’s good reason for doing so.
Code of Civil Procedure section 437c(a)(2) states that notice of the motion and any supporting papers must be served to the opposing party at least 75 days before the scheduled date of the hearing. In instances where the notice was served by mail, the required 75-day period of notice is increased by five days if the recipient’s address is within California, 10 days if the recipient’s address is outside California but within the United States and 20 days if the recipient’s address is outside the United States. In instances where the notice is served by facsimile transmission, express mail or another method of delivery providing for overnight delivery, the required 75-day period of notice is increased by two court days.
Code of Civil Procedure section 437c(a)(3) stipulates that summary judgment motions must be heard at least 30 days before the scheduled trial date, unless the court for good reason orders otherwise.
Taken together, these rules mean that a motion for summary judgment must be filed no less than 105 days prior to trial.
Keep in mind that summary judgment motions are typically backed up by evidence supporting the existence of undisputed facts. This evidence can include everything from declarations and deposition testimony, to recorded documents (e.g., deeds).
Furthermore, the supporting documents must include a separate statement clearly summarizing all the facts the moving party believes are undisputed, along with references to the evidence that supports each fact. If the moving party fails to provide a separate statement, it’s likely the court will deny their motion.
What Is the Deadline to File an Opposition to a Motion for Summary Judgment in California?
According to Code of Civil Procedure section 437c(b)(2), if a party is seeking to oppose a summary judgment motion, they must file and serve their opposition at least 14 days before the scheduled hearing date, unless the court for good reason orders otherwise.
Keep in mind that the opposing party must clearly demonstrate with admissible evidence why there are genuine disputes surrounding material facts that require a trial.
Similar to summary judgment motions, it’s required for oppositions to summary judgment motions to be accompanied by a separate statement. The statement should address each of the facts the moving party claims are undisputed and indicate whether the opposing party agrees or disagrees with these facts. The opposing party must also set forth plainly and concisely other material facts they contend are disputed, along with references to the evidence that supports each fact. If the opposing party fails to provide a separate statement, it’s possible the court will grant the motion.
What Is the Deadline to Reply to an Opposition in a Hearing on Motion for Summary Judgment?
According to Code of Civil Procedure section 437c(b)(4), if the moving party is seeking to reply to the opposition filed by the other party, they must file and serve their reply no less than five days before the noticed or continued date of the hearing, unless the court for good reason orders otherwise.
Replies address the arguments made by the opposing party in their opposition and reaffirm why the court should grant their summary judgment motion. They are typically far more concise than summary judgment motions and oppositions, focusing solely on countering the specific points raised in the opposition.
What Kind of Evidence May Be Needed for a Motion for Summary Judgment?
In summary judgment motions, evidence serves as the foundation for establishing whether any genuine disputes surrounding the material facts of a case exist. Only when there are verifiably no disputes surrounding the material facts of a case can the court issue a ruling based solely on the law.
Continue to the sections below to learn about the types of evidence that generally are required in summary judgment motions or oppositions.
Affidavits
An affidavit is a written statement made under oath (usually in front of a notary public) that presents facts to the court. Because of how crucial it is in summary judgment motions to establish which facts are undisputed and which ones aren’t, affidavits can be very useful in supporting a party’s motion.
In an affidavit in support of a motion for summary judgment, the moving party presents undisputed material facts that demonstrate why they are entitled to a judgment in their favor as a matter of law.
In an affidavit in opposition to a motion for summary judgment, the opposing party presents facts that demonstrate why there are disputes around material facts that require a trial to resolve.
Declarations
A declaration is a written statement made under penalty of perjury that provides facts to support a party’s position. Declarations, unlike affidavits, are generally made without a formal oath. From a legal standpoint, however, they are no less significant. Declarations can be used as evidence to support or oppose a motion for summary judgment.
Parties must set forth the facts they know to be true in their declarations. Declarations can include a wide spectrum of evidence, ranging from physical documents to personal observations.
Declarations are crucial in helping the court rule on summary judgment motions, as they help parties to communicate pertinent facts to the court during the motion process.
Admissions
An admission is a statement or acknowledgment made by a party that affirms the truth of a particular fact within the case. Admissions can be used as evidence to support or oppose a motion for summary judgment.
When a party in a summary judgment motion affirms certain facts through an admission, they are effectively conceding there are no genuine disputes surrounding those facts that necessitate a trial.
Admissions are particularly important in motions for summary judgment because they can clarify the facts of a case and be a deciding factor in the court’s ruling on the motion.
Answers to Interrogatories
Answers to interrogatories are written responses provided under oath to a set of formal questions one party serves to the other party to gain information or clarity around the facts of a case. These answers can be used to support or oppose a motion for summary judgment.
When the opposing party concedes certain facts in their answers to interrogatories, the moving party can reference those answers to argue the facts in question are not in dispute, thereby bolstering their position that a trial is unnecessary, and the court should grant summary judgment.
On the contrary, when the opposing party’s answers to interrogatories demonstrate that disputes exist surrounding material facts, the moving party’s position could be weakened, potentially causing their summary judgment motion to be denied, which could lead to the lawsuit going to trial.
Like admissions, answers to interrogatories can be a deciding factor in summary judgment motions since they often concern the truth of certain facts.
Depositions
A deposition is testimony taken under oath from a party to the lawsuit or third-party witness. In depositions, which typically take place outside of court, attorneys for both parties generally ask questions to the deposed individual or entity, with the responses being recorded and transcribed by a court reporter. Transcripts of depositions can be used as evidence to support or oppose a summary judgment motion.
Because deposition transcripts provide firsthand accounts of key facts in a case, they can be crucial in establishing whether or not the facts are in dispute. Suppose two deposed individuals provide extremely different accounts of a particular fact. This might indicate the fact is in dispute and will require a trial to resolve. On the other hand, if two deposed individuals provide nearly identical accounts of a particular fact, it might indicate the fact is undisputed and therefore can be resolved with a summary judgment motion.
Deposition transcripts are often used in summary judgment motions to corroborate or challenge the evidence presented to support or oppose the motion.
Matters of Which Judicial Notice Shall or May Be Taken
“Matters of which judicial notice shall or may be taken” are facts the court can accept as true without requiring proof. The types of facts judicial notice permits the court to regard as established are those that are generally known (e.g., Los Angeles is in California) or those that are easily verifiable (e.g., government records, public documents, published statistics).
The moving party can ask the court to take judicial notice of certain facts to support their summary judgment motion. Because judicially noticed facts are indisputable, they can help boost the moving party’s chances of the court granting them summary judgment.
By allowing the court to acknowledge established facts without the introduction of formal evidence, judicial notice can save the court and moving party considerable time, as well as help the moving party to achieve their goal of resolving the case before it proceeds to trial.
How to Write a Motion for Summary Judgment
If you believe the material facts of a case are undisputed, it may be possible to resolve the case with a motion for summary judgment. If granted, this motion can either narrow the scope of a trial or eliminate the need for a trial altogether. Summary judgment motions can be powerful legal tools, which is why working with an experienced litigator to draft the summary judgment motion is crucial for the best possible chance of success.
While you certainly can attempt to pursue the process on your own, motions for summary judgment can be extraordinarily difficult to navigate without a nuanced understanding of litigation. For this reason, we strongly advise against writing your summary judgment motion yourself. The last thing you’d want is for your valid motion to be denied for a trivial reason like the motion being improperly formatted or lacking certain details.
Keep in mind that you should have accumulated substantial evidence to demonstrate to the court that the undisputed facts in your case entitle you to a judgment in your favor as a matter of law by the time you are ready to file your motion for summary judgment.
In the following sections, we’ll go over the steps for writing and filing a motion for summary judgment.
1. Confirm There Are No Disputes Surrounding Material Facts
As we’ve discussed extensively throughout this article, motions for summary judgment depend on there being no disputes surrounding the material facts of a case. Before embarking on the process of filing this motion, it’s essential you thoroughly review the material facts of your case to confirm no disputes over the material facts of the case exist.
Remember, all the facts in a lawsuit don’t need to be undisputed for a summary judgment motion to be filed — only the material facts (i.e., those facts that are essential to a claim or defense) need be undisputed.
2. Prepare and Serve the Motion
If you are working with an attorney, they will be able to prepare and serve the summary judgment motion on your behalf. However, if you are preparing a summary judgment motion on your own, start by drafting a clear and concise statement that details why you believe summary judgment is applicable in your lawsuit.
Next, outline the material facts of the case, referencing evidence (e.g., affidavits, declarations, admissions, answers to interrogatories, depositions, judicial notice) to explain why there are no legitimate disputes over these facts. Remember to include a separate statement of undisputed facts with your motion. The statement should clearly identify evidence to back up each fact.
It’s crucial you attach all supporting evidence to the motion. Be sure to reference in your motion every piece of evidence you attach.
Finally, draft a notice of motion to serve to the opposing party to inform them about the date, time and location of the hearing on motion for summary judgment. Remember, it is a requirement in California that summary judgment motions be served at least 75 days before the date of the hearing.
3. File a Reply in Response to the Opposition (When Applicable)
In most instances, the opposing party in a lawsuit will file an opposition to your summary judgment motion, claiming there are disputed facts that need to be resolved at trial. You are entitled to reply to their opposition, so long as you do so in no less than five days before the noticed or continued date of the hearing.
Your reply should be brief and concentrate only on refuting the specific points raised in their opposition. Make sure you restate in your reply why the court should grant your motion.
4. Attend the Hearing on Motion for Summary Judgment
When the date of the summary judgment hearing arrives, it’s important you are present at the correct courthouse at the time specified in the notice of hearing. Additionally, it’s important you attend the hearing with your attorney (supposing you have one) so they can make oral arguments in support of your summary judgment motion.
Once the court has heard both parties’ positions, it will rule on the summary judgment motion, determining whether the case — or specific claims within the case – can be decided without the case going to trial.
If the court agrees with your motion, deeming the material facts of the case to be undisputed, it will grant summary judgment and decide the case in your favor. At this point, the lawsuit will have ended.
How to Respond to a Motion for Summary Judgment
If you believe the material facts of a case are in dispute, it’s crucial you file an opposition to the motion or cross-motion in response to the other party’s summary judgment motion. Failing to do so could lead to the other party’s motion being granted, which would result in the entire case or specified claims within the case being resolved without a trial.
Working with an experienced litigator to draft an opposition or cross-motion to a summary judgment motion is essential for the best possible chance of success. The process of drafting an opposition or cross-motion can be complicated since you will need to demonstrate to the court either that the facts the moving party is claiming are undisputed are actually in dispute (if filing an opposition) or demonstrate that the undisputed facts are completely different from what the moving party is claiming (if filing a cross-motion).
By the time you’re ready to file your opposition or cross-complaint, you should have gathered substantial evidence to prove there are disputes surrounding the material facts of the case or that you are entitled to a judgment as a matter of law, respectively.
In the following sections, we’ll go over the steps for opposing or filing a cross-motion for summary judgment.
1. Review Motion to Determine Which Material Facts Are Disputed
Before filing your opposition or cross-motion for summary judgment, it’s essential to thoroughly review the motion for summary judgment and any accompanying documents to identify the material facts the moving party claims are undisputed.
If you believe that the facts presented in the motion are not truly undisputed, you will likely need to file an opposition to the summary judgment motion. Make sure you have valid reasons for asserting the facts are in dispute, and back up your position with evidence.
Conversely, if you find there are material facts that are indeed undisputed but that they are different from those claimed by the moving party, you may need to file a cross-motion for summary judgment, demonstrating with evidence which material facts you believe are undisputed and why, and that you, rather than the moving party, are entitled to judgment as a matter of law.
Working with an attorney can be invaluable in navigating a summary judgment motion, as they can help clarify whether you should file an opposition or a cross-motion. They can also assist in identifying which facts are undisputed and which are in contention based on the evidence.
2. Prepare and Serve the Opposition
If you are preparing a cross-motion for summary judgment, follow the same steps mentioned in the previous section on how to write a motion for summary judgment. However, if you are preparing an opposition, start by clearly stating the standard for a summary judgment motion, which is that the motion should only be granted if there are truly no disputes around material facts.
Next, address each argument made by the opposing party, explaining why the argument is faulty or insufficient. Make sure you reference specific evidence (e.g., affidavits, declarations, admissions, answers to interrogatories, depositions, judicial notice) to back up each counterargument you make.
With your opposition, remember to include a response to the moving party’s separate statement and a separate statement of your own, which lays out the material facts you believe are in dispute. The statement also should clearly identify evidence to back up each fact.
It’s crucial you attach all supporting evidence to your opposition as well. Be sure to reference in your opposition every piece of evidence you attach.
Finally, serve your opposition to the moving party at least 14 days before the hearing date to give the party adequate time to reply.
3. Attend the Hearing on Motion for Summary Judgment
When the summary judgment hearing arrives, make sure you arrive at the assigned courthouse on the correct date and time. Ensure you attend the hearing with your attorney if you have one, since they will present oral arguments to support your opposition to the motion for summary judgment.
After hearing both sides’ arguments, the court will decide whether the case — or specific claims within the case — can be resolved without going to trial. If the court agrees with your opposition and finds that the material facts are in dispute, it will deny summary judgment, causing your case to proceed to trial.
What Are the Potential Outcomes of a Hearing on Motion for Summary Judgment?
The potential outcomes of summary judgment motions can impact the direction of a case, determining whether the case can be resolved without a trial. The court’s main purpose is to facilitate a fair resolution, whether that be through a pretrial motion or through a formal trial.
In the following sections, we discuss the three most common outcomes in a hearing for summary judgment.
Motion for Summary Judgment Is Granted in Full
If a motion for summary judgment is granted in full, it means the court has resolved the case in the moving party’s favor, thereby eliminating the need for trial.
When a court grants summary judgment in full, it typically means that it found no genuine disputes over the material facts of the case and that the lawsuit is over.
Motion for Summary Judgment Is Granted in Part
If the court finds the material facts surrounding some claims, defenses or issues are undisputed, but that other facts are in dispute, it may grant a partial motion for summary judgment (also referred to as a motion for summary adjudication) for the claims, defenses and issues that are undisputed. The claims, defenses and issues that remain will be left to be resolved at trial.
Motion for Summary Judgment Is Denied
If the court finds that genuine disputes of material fact exist, it will deny the motion for summary judgment since a trial would be required to resolve the disputes. A denial does not equate to a resolution, meaning that if this is the outcome, litigation will continue.
How Does a Motion for Summary Judgment Differ From Other Motions?
It’s easy to confuse motions for summary judgment with other types of motions, since many motions have similar-sounding names or implications. However, there are subtle differences between these motion types that are important to be mindful of so you file the appropriate motion for your matter.
Motion to Dismiss vs. Summary Judgment
A motion to dismiss is not a state motion in California; it strictly is reserved for federal cases. However, a demurrer, which has the same consequences and implications as a motion to dismiss, is a state motion in California that often is confused with a motion for summary judgment, despite both motions being very different.
Whereas a motion to dismiss or demurrer, without calling the accuracy of the facts into question, challenges the legal basis of a plaintiff’s case, a motion for summary judgment, by establishing the undisputed material facts of a case with evidence, argues the moving party is entitled to judgment as a matter of law.
Motions to dismiss and demurrers generally are filed in the early stages of litigation, usually after the plaintiff has entered their complaint but before the defendant has entered their answer. Motions for summary judgment, on the other hand, are most often filed during the discovery stage of litigation. These motions can technically be filed any time before trial, but it’s rare for a party to file early since they’ll need to gather evidence to support their motion, which typically is done during discovery.
Dispositive Motion vs. Summary Judgment
Dispositive motions refer to broader categories of motions that are used to dispose of all or certain parts of a case without the need for a trial. Motions for summary judgment are one type of dispositive motion.
Motion for Judgment on the Pleadings vs. Summary Judgment
A motion for judgment on the pleadings and a motion for summary judgment are both legal motions that aim to resolve a case without trial, but they are used during different phases of litigation for different purposes.
A motion for judgment on the pleadings is typically filed after the pleadings (i.e., the complaint and answer) have been entered, but before discovery. It argues that, based on the facts stated in the pleadings, the moving party is entitled to judgment as a matter of law. This motion centers on whether the pleadings themselves show that one side cannot win without the consideration of external evidence.
As you know, a motion for summary judgment is usually filed after discovery when both sides have already gathered external evidence, and the moving party is arguing they are entitled to a judgment as a matter of law due to certain undisputed facts in the case.
Motion for Directed Verdict vs. Summary Judgment
A motion for a directed verdict is made during a trial, typically after the plaintiff has presented their case but before the case is handed over to the jury. It argues that no reasonable jury could rule in favor of the opposing party based on the evidence that was presented at trial. Therefore, the judge should rule in favor of the moving party without giving the jury the opportunity to deliberate.
In contrast, a motion for summary judgment is a pretrial motion that’s usually filed after discovery. It argues that there are no genuine disputes over material facts, entitling the moving party to judgment as a matter of law.
In short, a motion for summary judgment aims to avoid trial altogether, while a motion for a directed verdict is sought during trial to preclude the jury from deciding a case that the moving party believes is legally insufficient.
Motion for Summary Adjudication vs. Summary Judgment
A motion for summary adjudication and motion for summary judgment are both legal motions that aim to resolve a case without a trial, but they subtly differ in scope and purpose.
A motion for summary adjudication (also called a motion for partial summary judgment) asks the court to make rulings on specific claims, defenses or issues within a case, rather than ruling on the entire case. This motion allows a party to seek judgment on distinct aspects of the case that can be resolved without the need for a full trial. For example, it can be used to clarify certain legal points or throw out certain claims or defenses, streamlining the litigation process.
A motion for summary judgment, on the other hand, seeks to resolve the entire case or a significant portion of it by claiming that there are no genuine disputes of material fact and that the moving party is entitled to judgment as a matter of law.
In short, while both motions aim to reach a resolution without trial, a motion for summary adjudication addresses specific claims, defenses or issues, whereas a motion for summary judgment addresses the case as a whole.
FAQs: Motion for Summary Judgment
Motions for summary judgment can be useful legal tools when applied to the right cases. Learn more about these motions from our frequently asked questions section below. If you can’t find the specific answer you’re looking for, you can always give our firm a call to see if you qualify for a free consultation.
Can you appeal a motion for summary judgment?
A court’s decision to grant a motion for summary judgment can usually be appealed. The one caveat is that you generally will need to wait until the court has entered a final judgment to appeal. This means that if summary judgment was granted in full, then you can appeal immediately following the court’s decision; however, if summary judgment was granted in part, then you’ll generally need to wait until all the claims are litigated and resolved at trial before you can appeal.
For the same reason, a court’s decision denying a motion for summary judgment is usually not immediately appealable. This is because the order is not a final judgment, given that all claims will still need to be resolved at trial.
What are the consequences of failure to respond to a motion for summary judgment?
The consequences of a failure to respond to a motion for summary judgment can be harsh — the worst of which is the court granting the motion by default. In other words, unless there are any obvious disputes over material facts, the court may rule in favor of the moving party without a trial or without considering your side.
Is it possible to file a motion for summary judgment in lieu of a complaint?
No, a motion for summary judgment is not a substitute for a complaint. A complaint is a pleading, and it’s what launches litigation. A motion for summary judgment typically isn’t filed until the discovery phase of litigation, which occurs much later.
What happens if a party provides no evidence in a motion for summary judgment?
If no evidence is provided in a motion for summary judgment, chances are the motion will be denied.
For a motion for summary judgment to be granted, it must be proven that there are no disputes over material facts. Without evidence, the court typically won’t have a way to decide whether disputes exist or the moving party is entitled to judgment as a matter of law.
Is a motion for summary judgment a pleading?
No, a motion for summary judgment is not a pleading. In a lawsuit, pleadings are either complaints or answers to complaints. Motions comprise their own category.
Is a motion for summary judgment an evidentiary hearing?
No, a motion for summary judgment is not an evidentiary hearing. In an evidentiary hearing, the court generally allows live testimony and weighs evidence. In a hearing for summary judgment, the court weighs evidence, but only to determine whether the material facts of the case are undisputed. If the court deems they are, it will resolve the case as a matter of law.
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