summary judgment

A summary judgment is a judgment entered by a court for one party and against another party without a full trial.

Overview

For federal courts, Rule 56 of the Federal Rules of Civil Procedure governs summary judgment. Under Rule 56, in order to succeed in a motion for summary judgment, a movant must show:

There is no genuine issue of material fact, and
The movant is entitled to judgment as a matter of law.

A “genuine issue of material fact" exists if evidence could allow a factfinder to decide against the movant. A movant is entitled to judgment as a matter of law if evidence no reasonable jury could rule against the movant based on the facts.

Many states have similar pre-trial motions . For example, in New York, summary judgment is governed by N.Y. C.P.L.R. § 3212. In California, Cal. Code Civ. Proc. § 437c provides the applicable provisions.

Partial Summary Judgment

Judges may also grant partial summary judgment to resolve some issues in the case and leave the others for trial. For example, a judge might rule on some factual issues pre-trial but leave the more complicated ones for trial. Alternately, a judge might grant summary judgment regarding liability, but still hold a trial to determine damages.

Evidence and Burden of Proof

When considering a motion for summary judgment, the court views all evidence in the light most favorable to the non-movant. If the evidence is “merely colorable, or is not significantly probative,” summary judgment may be granted. In federal courts, a summary judgment does not necessarily lessen the burden for the non-movant: the non-movant still bears the burden of coming forward with sufficient evidence on each element that must be proved. See: Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 249-50 (1986).

New York state courts follow a burden-shifting approach. First, the moving party must show that there is no genuine issue of material fact and that the party is entitled to judgment as a matter of law. Once the moving party satisfies its initial burden, the burden shifts to the non-movant to show the possibility of a factual issue and/or that the moving party is not entitled to judgment as a matter of law.

Extra Materials

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