Civil Procedure

What Is Summary Judgment?

SUM-uh-ree JUJ-ment

A court ruling that ends a lawsuit before trial because the undisputed facts, viewed in the light most favorable to the non-moving party, show that one side is entitled to win as a matter of law. No triable issue of fact exists.

Quick Answer

A court ruling that ends a lawsuit before trial because the undisputed facts, viewed in the light most favorable to the non-moving party, show that one side is entitled to win as a matter of law. No triable issue of fact exists.

Full Explanation

Summary judgment is a procedure under which a court resolves a case without a trial. Under Rule 56 of the Federal Rules of Civil Procedure, a party is entitled to summary judgment when 'there is no genuine dispute as to any material fact and the movant is entitled to judgment as a matter of law.'

The key phrase is 'genuine dispute.' A dispute is genuine only if the evidence is such that a reasonable jury could return a verdict for the non-moving party. A material fact is one that could affect the outcome under governing law. If all the facts are undisputed and the only question is what the law says about those facts, the judge can decide — that is a legal question, not a factual one, and judges (not juries) decide law.

The party moving for summary judgment bears the initial burden of showing there is no genuine dispute. The burden then shifts to the non-moving party to point to specific evidence creating a genuine issue. The court views all evidence in the light most favorable to the non-moving party.

Summary judgment is often sought after discovery is complete — once each side knows what evidence exists, it becomes clearer whether any genuine factual dispute remains. Many cases are resolved at this stage, saving the enormous costs of trial.

Partial summary judgment resolves some but not all issues, narrowing what must be tried.

Real-World Example

An employee sues for wrongful termination, claiming she was fired because of her age. In discovery, she produces emails showing age-related comments by her supervisor. The employer moves for summary judgment, arguing there is no genuine dispute it had a legitimate, non-discriminatory reason for termination. The court denies summary judgment — a reasonable jury could find the stated reason was a pretext for age discrimination. The case goes to trial.

In Celotex Corp. v. Catrett (1986), the Supreme Court clarified the summary judgment standard, making it easier for defendants to obtain summary judgment by showing the plaintiff lacks evidence to support an element of their claim.

Why It Matters for Law Students

Summary judgment is one of the most important procedural mechanisms in civil litigation. It is the primary way cases are disposed of after discovery and before trial. Understanding the standard — no genuine dispute as to material fact — and how courts apply it is essential for civil procedure and for practicing litigators.