/SUHM-uh-ree JUHJ-muhnt MOH-shuhn/·procedural term
Also known as:summary judgment motions · motion for summary judgment · motions for summary judgment · SJ motion · Rule 56 motion
Written by attorneys · grounded in primary & secondary sources — see below
A procedural device by which a party seeks judgment without trial. The movant must show through the pleadings, depositions, answers to interrogatories, admissions, and affidavits that there is no genuine dispute as to any material fact and that the movant is entitled to judgment as a matter of law.
Sources & Authorities· 2 primary sources
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Federal Rules
Casebooks
Hornbooks
Dictionaries
How it applies
Common Examples
6
Timely Filing After Discovery
Simon Stern completed all discovery in his contract dispute with Synergy Systems on March 1. He filed his summary judgment motion on March 20. The court accepted the motion because it fell within the permitted window after discovery closed.
Pleading Sufficiency Challenge
Sarah Sullivan alleged an antitrust conspiracy against Starlight Media in her complaint. Starlight Media moved for summary judgment after discovery revealed only parallel conduct without evidence of agreement. The court granted the motion because the record contained no facts supporting a conspiracy claim.
Bell Atlantic Corp. v. Twombly550 U.S. 544, 556, 127 S.Ct. 1955, 167 L. Ed. 2d 929 (2007)
Punitive Damages Evaluation
Samuel Soto sought punitive damages from Southland Foods after a product liability incident. Southland Foods moved for summary judgment on the punitive claim. The court denied the motion after reviewing evidence that the company's conduct showed reckless disregard for safety standards.
State Farm Mutual Automobile Insurance Co. v. Campbell538 U.S. 408, 123 S.Ct. 1513, 155 L.Ed.2d 585 (2003)
Material Fact Dispute Review
Stella Shapiro sued Sapphire Technologies for employment discrimination. Sapphire Technologies moved for summary judgment. The court denied the motion because the record showed conflicting evidence on whether the termination was motivated by discriminatory intent.
Anderson v. Liberty Lobby, Inc.477 U.S. 242, 250 (1986)
Plausibility Assessment
Steven Silva alleged constitutional violations by federal agents in his complaint. The agents moved for summary judgment after limited discovery. The court granted the motion because the allegations lacked sufficient factual content to support a plausible claim.
Ashcroft v. Iqbal556 U.S. 662 (2009)
Jurisdiction Motion Context
Santiago Sanchez sued a nonresident defendant in state court. The defendant moved for summary judgment asserting lack of personal jurisdiction. The court denied the motion after finding that the defendant's contacts with the forum satisfied due process requirements.
Burnham v. Superior Court of Cal., County of Marin495 U.S. 604, 618, 110 S.Ct. 2105, 109 L.Ed.2d 631 (1990)
Common questions
Frequently Asked
1
When may a party file a summary judgment motion under the Federal Rules?+
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. This timing rule prevents premature filings before the parties have developed the factual record through discovery.
Supporting sources
410 U.S. 113 (1973)Constitutional Law
…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…
TortsIntentional torts · Harms to the person and property interests (assault, battery, false imprisonment, infliction of mental distress, trespass to land and chattels, conversion)UBEIntermediate