Motions for Summary Judgment

During the course of litigation, you may have the opportunity to file a motion for summary judgment.  You may also be forced to respond to a motion for summary judgment filed by another party.   

What is a motion for summary judgment?

To understand a motion for summary judgment, you must first understand the purpose of a trial.  A trial is meant to resolve factual disputes.  During a trial, the fact finder (either a jury or a judge sitting as a fact finder) has an opportunity to review testimony and evidence and weigh its credibility to decipher the truth.  For example, in a case where driver A strikes driver B in an intersection, whether the traffic light was green or red when driver A entered the intersection is factual issue.  If there is a dispute as to whether the light was red or green, a trial is required to resolve that dispute.  At the trial, driver A might testify that he believed that the light was green when he entered the intersection whereas driver B may testify that the light was red.  The fact finder would be required to evaluate the credibility of each witness and make a factual determination as to who is telling the truth. 

If there are no factual disputes in a particular matter, there is no reason to have a trial.  The purpose of a motion for summary judgment is to avoid unnecessary trials in matters where there are no factual disputes.  A motion for summary judgment presents evidence that was gathered in discovery to show that no factual disputes exist and asks the court to apply the law to the undisputed facts. 

Any party may file a motion for summary judgment. 

When is a motion for summary judgment filed?

Under the rules, motions for summary judgment can be filed at any time after the pleadings stage.  As a practical matter however, a motion for summary judgment is typically filed after the discovery phase has concluded and before the trial begins.  Many courts, for example the Court of Common Pleas in Philadelphia and federal court, set strict deadlines in which to file a motion for summary judgment.

What is involved in preparing or responding for a motion for summary judgment?

A motion for summary judgment is generally one of the most elaborate and time consuming motions to prepare.  Each fact set forth in the motion must be supported by evidence obtained during the discovery process.  Each item of discovery cited in the motion must be attached as an exhibit.

A motion for summary judgment or a response to one also contains an argument section that asks the judge to apply the law to the facts in a particular way.  Depending on the complexity or the novelty of a particular claim, this section is often quite detailed.  

What happens if I win or lose a motion for summary judgment?

If plaintiff files a motion for summary judgment and succeeds, the court will issue a judgment against the defendant and there will be no need to proceed to trial.  If a plaintiff files and loses, the matter will proceed to trial.

If defendant files a motion for summary judgment and succeeds, plaintiff’s claims are dismissed and plaintiff is put out of court.  If the same defendant loses, the case will proceed to trial.

These outcomes are sometimes more complicated when a party moves for partial summary judgment.   In a motion for partial summary judgment a party asks the court to grant summary judgment only on a particular issue or claim.  Even if the court grants a motion for partial summary judgment, a matter may still proceed to trial in order to resolve factual disputes associated with other claims.