- For the simplification and shortening of a longer text see, Summary.
Summary judgment is a legal term which means that a court has made a determination (a
judgment) without a full trial. Such a judgment may be
issued as to the merits of an entire case, or of specific issues in that case.
In Common Law legal systems, issues of law, that is to say, what the law actually is in a
particular case are decided by the judge, except when jury
nullification of the law acts to contravene or complement the instructions or orders of the judge, or other officers of the court. A factfinder has to decide
what the facts are and apply the law. In traditional Common Law the factfinder was a jury, but in many jurisdictions the judge
now acts as the factfinder as well. It is the factfinder who decides "what really happened," and it is the judge who applies the
law to the facts as determined by the factfinder, whether directly or by giving instructions to the jury. Absent an award of
summary judgment (or some other type of pretrial dismissal), a lawsuit will ordinarily proceed to trial, which is an opportunity for each party to present evidence in an attempt to persuade the factfinder
that such party is saying "what really happened," and that, under the judge's view of applicable law, such party should prevail.
For a case to get to trial, the parties have to take various steps (often known as 'directions'), including disclosing the
documents to the opponent by discovery, showing the other side the evidence, often in
the form of witness statements and other steps.
Complying with such directions, and going through the trial process is lengthy, can be difficult, and if one employs lawyers,
can be costly.
A party moving (applying) for summary judgment is attempting to eliminate its risk of losing at trial, and possibly avoid
having to go through the directions by demonstrating to the judge, by sworn statements and
documentary evidence, that there are no material issues of fact remaining to be
tried. If there's nothing for the jury to decide, then, asks the moving party rhetorically, why have a trial? In its
motion (request) for summary judgment, the moving party will also attempt to persuade the court that the undisputed material
facts require judgment to be entered in favor of the moving party. In many jurisdictions, a party moving for summary judgment
takes the risk that, although the judge may agree there are no material issues of fact remaining for trial, the judge may also
find that it is the non-moving party who is entitled to judgment as a matter of law.
Specific jurisdictions
United States
In U.S. legal practice summary judgment can be awarded by the court prior to
trial, effectively holding that no trial will be necessary. Issuance of summary judgment can be based only upon the court's
finding that:
- there are no issues of "material" fact requiring a trial for their resolution,
and
- in applying the law to the undisputed facts, one party is clearly entitled to judgment.
A party making a motion for summary judgment (or making any other motion) is called a
"moving party." A "material fact" is one which, depending upon what the factfinder believes "really happened," could lead to
judgment in favor of one party, rather than the other. A simple example of summary judgment is provided below.
A party moving for summary judgment may refer to any evidence that would be admissible if there were to be a trial, such as,
depositions, party admissions, documents received during discovery (such as contracts, emails,
letters, and certified government documents). Each party may present to the court its
view of applicable law by submitting a legal memorandum in support of, or in opposition to,
the motion. The court may allow for oral argument of the lawyers, generally where the judge wishes to question the lawyers on issues in the case.
Summary judgment is awarded if the undisputed facts and the law make it clear that it would be impossible for one party to
prevail if the matter were to proceed to trial. The court must consider all materials in the light most favorable to the party
opposing the motion for summary judgment. See Adickes v. S.H. Kress & Co.,
398 U.S. 144, (1970), and Celotex Corp. v. Catrett, 477 U.S. 317
(1986).
If a trial could result in the jury (or judge in a bench trial) deciding in favor of the
party opposing the motion, then summary judgment is inappropriate. A decision granting summary judgment can be appealed without
delay. A decision denying summary judgment ordinarily cannot be immediately appealed; instead, the case continues on its normal
course. In United States federal courts, a denial of summary judgment
cannot be appealed until final resolution of the whole case, because of the requirements of 28 U.S.C. § 1291 and 28 U.S.C. § 1292 (the final judgment
rule).
In order to defeat a motion for summary judgment, the non-moving party only has to show substantial evidence that a
dispute of material facts exists, regardless of the strength of that evidence. For example, if one side on a summary
judgment motion can produce the evidence of "a dozen bishops", and the other side only has the testimony of a known liar, then
summary judgment is not appropriate. Deciding on the relative credibility of witnesses is a question for trial.
Where appropriate, a court may award summary judgment upon less than all claims, known as "partial summary judgment."
It is not uncommon for summary judgments of lower U.S. courts in complex cases to be overturned on appeal. A grant of summary
judgment is reviewed "de novo" (meaning, without deference to the views of the trial
judge) both as to the determination that there is no remaining genuine issue of material fact and that the prevailing party was
entitled to judgment as a matter of law.
A motion for summary judgment in United States District Court is
governed by Rule 56 of the Federal Rules of Civil Procedure. Other
pretrial motions, such as a "motion for judgment on the pleadings" or a "motion to dismiss for failure to state a claim upon
which relief may be granted," can be converted by the judge to motions for summary judgment, if matters outside the pleadings are
presented to -- and not excluded by -- the trial-court judge.
England and Wales
In England and Wales, Part 24 of the
Civil Procedure Rules 1998 governs the award of Summary Judgment.
Summary judgment is available in all claims against both the defendant and claimant except:
- There may be no summary judgment in possession proceedings against a mortgagor or a person holding over after the end of his
tenancy whose occupancy is protected within the meaning of the Rent Act 1977 or the Housing Act 1988.
- There may be no summary judgment against a defendant in admiralty proceedings
in rem.
See also
External links
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