Rule 56: Summary Judgment

Summary judgment is one of the most important procedural tools in federal litigation. It allows a party to win all or part of a case without a trial by showing that, even viewing all the evidence in the best light for the other side, there is no real factual dispute that needs to be resolved by a jury.

The standard has two components: the factual dispute must be genuine (a reasonable jury could find either way) and it must be material (it actually matters under the law). If the moving party meets its initial burden, the nonmoving party must come forward with specific evidence showing a genuine dispute — they cannot simply rest on the allegations in their pleadings. Conclusory statements, speculation, and mere scintilla of evidence are insufficient.

Summary judgment can be partial — a court may resolve some issues while leaving others for trial. The 2010 amendments also allow the court to grant summary judgment on its own after giving the parties notice and a reasonable time to respond. Summary judgment is appropriate at any time until 30 days after the close of discovery, but a party can seek additional time under Rule 56(d) if they need more discovery to oppose the motion.