Motion for Summary Judgment

When the motion for summary judgment is used

Timing: after discovery, or earlier if no factual dispute exists. Dispositive motions ask the court to decide all or part of a case without a full trial. They usually follow discovery.

What the rule requires

• A party may move for summary judgment on each claim or defense, or the part of each claim or defense, on which it is sought (Rule 56(a)).
• Unless a different time is set by local rule or court order, the motion may be filed at any time until 30 days after the close of all discovery (Rule 56(b)).
• Rule 56(c) sets out how a party supports or disputes a factual position.

In practice, read each requirement closely. Then check whether your court adds anything of its own. For example, many courts set page limits, formatting rules or a duty to confer with the other side first.

You can read the full text of Fed. R. Civ. P. 56 online. Also, the federal judiciary publishes the current rules and recent amendments.

The motion for summary judgment in state court

State courts follow their own rules of procedure. Many states model their rules on the federal rules, so you will often find a similar motion for summary judgment procedure. However, the name, the deadline and the required form can differ. Therefore, look up the matching rule in your state’s rules of civil procedure. Also read your court’s local rules. Our state procedures guide links to each state’s official rules.

Key terms

In addition, these terms come up often with this procedure:

• Summary judgment: judgment without a trial because there is no genuine dispute as to any material fact and the movant is entitled to judgment as a matter of law.
• Material fact: a fact that could affect the outcome of the case under the governing law.
• Genuine dispute: a real disagreement about a fact, supported by evidence, that a reasonable fact-finder could resolve either way.
• Burden of proof: the obligation to prove a fact or claim to the required standard.
• Preponderance of the evidence: the usual standard of proof in civil cases: the fact is more likely true than not.
• Damages: money awarded to compensate for a loss or injury.

Related procedures

Similarly, these procedures often come up alongside it:

• Request to Defer Summary Judgment for More Discovery: a request, supported by affidavit or declaration, explaining that the nonmovant cannot yet present facts essential to justify its opposition.
• Motion for Judgment on the Pleadings: a motion asking for judgment based only on the pleadings.
• Motion for Judgment as a Matter of Law: a motion in a jury trial arguing that a reasonable jury would not have a legally sufficient evidentiary basis to find for a party on an issue.

Before you rely on this page

Always read the current rule yourself instead of relying on a summary. Next, check the local rules and the judge’s standing orders, since they often add steps. Then look for recent decisions from your court that apply the rule. Finally, talk to a licensed attorney about your situation. You can find one in our directory.