Civil Procedure

Summary Judgment

Definition

Summary judgment under Federal Rule of Civil Procedure 56 is a motion requesting that the court enter judgment without a trial because there is no genuine dispute of material fact and the movant is entitled to judgment as a matter of law. The court must view the evidence in the light most favorable to the non-moving party. The moving party has the initial burden of showing the absence of a genuine dispute, and the non-moving party must then come forward with specific facts showing a triable issue.

Example

A defendant moves for summary judgment, arguing that the undisputed facts show the plaintiff's claim is time-barred. If no reasonable jury could find otherwise, the court grants the motion.

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