Summary Judgment Standard (Rule 56)
What is the Summary Judgment Standard (Rule 56)?
Under Federal Rule 56, summary judgment is granted when the movant shows there is no genuine dispute as to any material fact and the movant is entitled to judgment as a matter of law, viewing all evidence in the light most favorable to the nonmoving party.
Definition
Federal Rule of Civil Procedure 56 provides that a court shall grant summary judgment if the movant shows that there is no genuine dispute as to any material fact and the movant is entitled to judgment as a matter of law. Summary judgment serves as a mechanism to dispose of cases where trial would be unnecessary because the evidence, even viewed in the light most favorable to the nonmoving party, could not support a verdict for that party. It is not a substitute for trial but a device to identify cases where trial would be pointless.
A fact is material if it might affect the outcome of the suit under the governing substantive law. A dispute is genuine if the evidence is such that a reasonable jury could return a verdict for the nonmoving party. The movant bears the initial burden of demonstrating the absence of a genuine issue of material fact. Under Celotex Corp. v. Catrett (1986), a movant who does not bear the burden of persuasion at trial may satisfy this initial burden by pointing to an absence of evidence supporting the nonmovant's case, without affirmatively negating the nonmovant's claim.
Once the movant meets its initial burden, the nonmoving party must go beyond the pleadings and designate specific facts showing a genuine issue for trial. Under Anderson v. Liberty Lobby, Inc. (1986), the court must view the evidence in the light most favorable to the nonmovant and draw all reasonable inferences in the nonmovant's favor. However, the nonmovant cannot defeat summary judgment with conclusory allegations, speculation, or a mere scintilla of evidence; there must be sufficient evidence from which a reasonable jury could find in the nonmovant's favor.
Key Elements
- 1The movant must show there is no genuine dispute as to any material fact
- 2The movant must demonstrate entitlement to judgment as a matter of law
- 3A material fact is one that might affect the outcome under the governing law
- 4A genuine dispute exists when a reasonable jury could return a verdict for the nonmoving party
- 5Evidence must be viewed in the light most favorable to the nonmoving party
- 6The nonmovant must go beyond the pleadings and identify specific facts showing a genuine dispute
Landmark Cases
Celotex Corp. v. Catrett
477 U.S. 317 (1986)
Held that the moving party need not negate the nonmovant's claim but may satisfy its burden by pointing to an absence of evidence supporting the nonmovant's case.
Anderson v. Liberty Lobby, Inc.
477 U.S. 242 (1986)
Defined the material fact and genuine dispute standards and held that courts must view evidence in the light most favorable to the nonmoving party.
Matsushita Electric Industrial Co. v. Zenith Radio Corp.
475 U.S. 574 (1986)
Held that the nonmovant must present evidence that tends to exclude the possibility consistent with the movant's position; implausible theories are insufficient.
Scott v. Harris
550 U.S. 372 (2007)
Held that when video evidence so utterly discredits a party's version of events that no reasonable jury could believe it, summary judgment is appropriate despite conflicting testimony.
Exam Tips
- Remember the 1986 trilogy: Celotex (movant's burden), Anderson (material fact and genuine dispute standards), and Matsushita (nonmovant must present more than implausible theories). These three cases together define the modern summary judgment standard.
- On exams, clearly state which party bears the burden of persuasion at trial, because this determines what the movant must show to satisfy its initial burden under Celotex.
- Always note that the court does not weigh evidence or assess credibility at summary judgment; those are functions for the jury at trial.
- The standard is whether a reasonable jury could find for the nonmovant, not whether the judge thinks the nonmovant will win.
Common Mistakes to Avoid
- Believing the movant must always affirmatively disprove the nonmovant's case; under Celotex, a movant without the burden of persuasion can simply point to a lack of evidence.
- Thinking that any factual dispute defeats summary judgment; only disputes over material facts that are genuine (a reasonable jury could find for the nonmovant) preclude summary judgment.
- Weighing the evidence or assessing credibility at the summary judgment stage, which is the province of the jury at trial.
Memory Aid
Summary Judgment = No Genuine Dispute of Material Fact + Entitled to Judgment as a Matter of Law. 1986 Trilogy: Celotex, Anderson, Matsushita.