Also known as: motions for summary judgment · summary judgment motion · summary judgment motions · MSJ · Rule 56 motion
Written by attorneys · grounded in primary & secondary sources — see below
A procedural device by which a party requests that the court enter judgment without a trial because there is no genuine issue of material fact to be decided by a fact-finder. The movant must show that the evidence is legally insufficient to support a verdict in the nonmovant's favor. In federal court the movant identifies each claim or defense on which summary judgment is sought and demonstrates the absence of any genuine dispute as to any material fact.
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Maurice Marshall sued Matrix Technologies for breach of contract. The parties completed all discovery on March 1. Matrix filed its motion for summary judgment on April 10. The court denied the motion as untimely because it was filed more than thirty days after the close of discovery.
Mason McCarthy alleged an antitrust conspiracy against Millennium Media. The complaint contained only parallel conduct without factual enhancement showing agreement. Millennium Media moved for summary judgment after limited discovery. The court granted the motion because the allegations failed to raise a plausible inference of conspiracy.
Marcus Mitchell sued Matthew Martinez's estate in federal court under diversity jurisdiction. The plaintiff served process by leaving papers at the residence. The defendant moved for summary judgment asserting improper service under state law. The court granted the motion after determining that state service rules controlled and had not been satisfied.
Miguel Mendoza challenged a state criminal statute in federal court. The state moved for summary judgment arguing the statute was constitutional. The court granted the motion after finding the law satisfied applicable constitutional standards on the undisputed facts.
Ming Ma owned an apartment building. A cable company installed equipment on the roof without consent. Ma moved for summary judgment on the takings claim. The court granted the motion because the permanent physical occupation constituted a taking as a matter of law.
Marathon Logistics sued federal agents for an alleged unlawful search. The agents moved for summary judgment asserting no cause of action existed. The court denied the motion because the facts supported an implied damages remedy against federal officers for constitutional violations.
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. The rule permits early filing once the opposing party has had a reasonable opportunity to conduct discovery on the issues raised.
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The movant must demonstrate that there is no genuine dispute as to any material fact and that the movant is entitled to judgment as a matter of law. When the movant does not bear the burden of proof at trial it may satisfy its initial burden by pointing out the absence of evidence on an essential element of the nonmovant's claim.
…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…
…of probate. . . ." Mass. Gen. Laws Ann., c. 197, § 9 (1958). On October 17, 1963, the District Court granted respondent's motion for summary judgment, citing Ragan v. Merchants Transfer Co. , 337 U. S. 530, and Guaranty Trust Co. v. York , 326 U. S. 99, in support of its conclusion that the adequacy of the service was to be measured by…
…the two large silver boxes that appellant identified as part of the installation. App. 90; Loretto Affidavit in Support of Motion for Summary Judgment
…allege that the arrest was "done unlawfully, unreasonably and contrary to law." App. 2. Petitioner's affidavit in support of his
…court viewed the Federal Rules — specifically Rule
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Yes. When matters outside the pleadings are presented and not excluded by the court the motion is treated as one for summary judgment. The parties must then be given a reasonable opportunity to present all material made pertinent to such a motion.
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The notice is ineffective. Rule 41(a)(1)(A)(i) permits voluntary dismissal without court order only before the opposing party serves an answer or a motion for summary judgment. Once either document is served the plaintiff must obtain a stipulation or court order to dismiss.
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