Summary judgment
Pretrial judgment without full trial when facts are undisputed.
Summary judgment, also referred to as judgment as a matter of law or summary disposition, is a judgment entered by a court for one party and against another party without a full trial. It may be issued on the merits of an entire case or on discrete issues within that case. The standard for granting summary judgment varies by jurisdiction, with courts in the United States requiring no genuine dispute as to any material fact and the movant being entitled to judgment as a matter of law, while courts in England and Wales require that the claim, defense, or issue has no real prospect of success and no other compelling reason for a trial.
- field
- Civil procedure
- jurisdictions
- United States, England and Wales, and other common-law systems
- governing_rule_federal_US
- Federal Rule 56 of the Federal Rules of Civil Procedure
- key_US_standard
- No genuine dispute as to any material fact; movant entitled to judgment as a matter of law
- key_England_Wales_standard
- Claim, defense, or issue has no real prospect of success and no other compelling reason for trial
- motion_filing_rate_in_federal_cases
- 17%
- grant_rate_in_whole_or_part
- 64%
Lore & Background
In common-law systems, judges decide questions of law, while factfinders (traditionally juries, but now often judges as well) determine what really happened. Summary judgment allows a court to rule without a trial when the outcome is obvious, typically because no reasonable factfinder could disagree with the moving party or because the non-moving party cannot produce enough evidence. The moving party seeks to avoid the time and expense of trial, but risks that the judge may find the non-moving party entitled to judgment as a matter of law.
Reader's Guide
Summary judgment serves as a critical mechanism in civil litigation to resolve cases where material facts are undisputed and the law clearly favors one side. In the United States, it is governed by Federal Rule 56 and shaped by three seminal 1980s cases: Celotex Corp. v. Catrett, Anderson v. Liberty Lobby, Inc., and Matsushita Elec. Industrial Co. v. Zenith Radio Corp. The judge's role is limited to determining whether genuine factual disputes exist, not to resolve them. Summary judgment applies only in civil cases, not criminal, due to constitutional jury trial rights. Tactically, a movant may seek judgment on an entire claim or defense by presenting evidence on all essential elements, or may target a single essential element of the opponent's case. Evidence may include depositions, admissions, affidavits, and documents. According to Federal Judicial Center research, summary judgment motions are filed in 17% of federal cases, with 64% granted in whole or in part.
Did You Know?
- Summary judgment is also referred to as judgment as a matter of law or summary disposition.
- In the United States, summary judgment motions are filed in 17% of federal cases, and 64% are granted in whole or in part.
- A party moving for summary judgment risks that the judge may find the non-moving party entitled to judgment as a matter of law.
- Summary judgment does not apply to criminal cases in the United States, in part because of the constitutional right to a jury trial.
Frequently Asked Questions
What exactly is Summary judgment in civil procedure?
It is a court ruling that resolves a case—or a specific issue within it—in favor of one side without ever holding a full trial. In practice, the judge decides the matter on the written record alone because the facts are not genuinely contested.
What must a party show to win Summary judgment in a U.S. federal court?
Under Federal Rule 56, the movant must demonstrate that no material fact is truly disputed and that, given those undisputed facts, they are legally entitled to prevail. If the opposing side can point to conflicting evidence on a key point, the motion is usually denied.
How does the Summary judgment test differ in England and Wales?
English courts ask whether the claim, defense, or issue has any realistic prospect of success and whether there is some other compelling reason a full trial is still warranted. If neither condition is met, the judge can dispose of the matter without sending it to a jury or a full hearing.
How often do parties actually file for Summary judgment in U.S. federal cases?
Roughly 17 percent of federal civil cases involve at least one motion for summary judgment, making it a fairly routine pretrial tool. It is far from universal, but it is common enough that most civil litigators will encounter it at some point.
Can a court grant Summary judgment on just part of a case rather than the whole thing?
Yes—the judge can resolve a discrete legal issue while letting the remainder of the case proceed to trial. This partial or issue-specific ruling can narrow what the jury ultimately needs to decide and sometimes trims the scope of the proceedings significantly.
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