Also known as: summary judgments · summary judgement · summary judgements · SJ · partial summary judgment
Written by attorneys · grounded in primary & secondary sources — see below
A procedural device by which a court resolves a claim or defense without trial. The movant must show that no genuine dispute exists as to any material fact and that the movant is entitled to judgment as a matter of law.
Stonehaven Properties sued Sylvia Santos for unpaid rent under a commercial lease. Stonehaven moved for summary judgment and attached the signed lease, payment records showing default, and an affidavit confirming no payments after the due date. Santos filed no opposing evidence. The court granted the motion because the record contained no genuine dispute of material fact on the existence of the debt or the amount owed.
Sierra Solutions sued Sterling Dynamics for breach of a supply contract. After the close of discovery, Sierra filed a motion for summary judgment supported by deposition transcripts and documents showing the contract terms and breach. The court considered the motion because it was filed within the time permitted by the rule and the evidence established the absence of any triable issue.
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Solomon Silver sued Summit Bank alleging improper account closure. Summit moved to dismiss under Rule 12(b)(6) and attached an account agreement and transaction records outside the pleadings. The court converted the motion to one for summary judgment, gave the parties time to present additional material, and granted judgment because the documents showed no breach as a matter of law.
Sasha Stone owned coastal lots and sued a state agency after a new statute barred all development. The agency moved for summary judgment with evidence that the statute left no economically viable use. The court granted the motion because the undisputed facts showed a total taking under the governing standard.
Stella Shapiro sued several firms alleging a price-fixing conspiracy based on parallel conduct. The defendants moved for summary judgment after discovery produced no direct evidence of agreement. The court granted the motion because the record contained no facts from which a reasonable jury could infer conspiracy.
Seth Shapiro sued an estate representative in federal court under diversity jurisdiction. The representative moved for summary judgment after showing that service failed to comply with the state rule governing executors. The court granted the motion because the undisputed facts established that the action was time-barred under the applicable service requirements.
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 court must treat the motion as one for summary judgment under Rule 56 if the matters are not excluded. All parties must receive a reasonable opportunity to present pertinent material.
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The movant must show that there is no genuine dispute as to any material fact and that the movant is entitled to judgment as a matter of law. The court states its reasons on the record.
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Yes. The court may consider summary judgment on its own after identifying for the parties material facts that may not be genuinely in dispute.
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…in the attack on the Texas criminal abortion statutes. Upon the filing of affidavits, motions were made for dismissal and for summary judgment. The court held that Roe and members of her class, and Dr. Hallford, had standing to sue and presented justiciable controversies, but that the Does had failed to allege facts sufficient to…