Also known as: motion for summary judgment · summary judgment motion · motions for summary judgment · MSJ · Rule 56 motion
Written by attorneys · grounded in primary & secondary sources — see below
A pretrial motion by which a party seeks judgment on a claim or defense or part thereof without a trial. The court grants the motion 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.
Monica Morgan sued Mosaic Retail in federal court for breach of a supply contract. Discovery closed on March 1. Mosaic Retail filed its motion for summary judgment on March 25. The court accepted the motion because it fell within the permitted window after discovery ended.
Michelle Murphy sued State Farm for bad faith refusal to settle a claim. The insurer produced claim files showing repeated internal reviews that found no coverage. The court granted summary judgment because the files left no room for a jury to find bad faith.
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Matthew Martinez sued a newspaper for defamation after an article called him corrupt. The paper submitted deposition transcripts and documents showing the statements rested on verified public records. The court granted summary judgment because no reasonable jury could find actual malice on the record.
Malcolm McKinley challenged a corporate merger vote claiming the proxy omitted key facts. The company moved for summary judgment with board minutes and financial reports showing full disclosure. The court granted the motion because the omitted details would not have altered a reasonable shareholder's decision.
Marcus Mitchell sued a public university after it denied funding for his student newspaper. The university moved for summary judgment citing its neutral allocation policy and meeting minutes. The court granted the motion because the policy treated all student groups alike regardless of viewpoint.
Mason McCarthy sued a tire manufacturer after a blowout. The manufacturer moved for summary judgment attaching an engineer's report that the tire met industry standards. The court granted the motion because the plaintiff's expert lacked reliable methodology to contradict the report.
A party may file the motion at any time until thirty days after the close of all discovery unless a local rule or court order sets a different deadline.
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The movant must identify each claim or defense on which judgment is sought and demonstrate that the record contains no genuine dispute of material fact while also establishing entitlement to judgment as a matter of law.
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The nonmovant must cite specific parts of the record or produce admissible evidence showing a genuine dispute on a material fact so that a reasonable jury could find for the nonmovant.
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The court may strike the motion as untimely when a local rule incorporated into the scheduling order sets an earlier deadline than the default federal period.
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Yes. Once counsel has appeared, later papers including summary judgment motions must be served on counsel rather than directly on the represented party.
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…pending in the state court. These representations were also repeated in the affidavit he executed and filed in support of his motion for summary judgment. Dr. Hallford is, therefore, in the position of seeking, in a federal court, declaratory and injunctive relief with respect to the same statutes under which he stands charged in criminal…