Summary judgment ends a case, or part of one, without a trial. The court grants it when there is no genuine dispute as to any material fact and the moving party is entitled to judgment as a matter of law. It is the main filter between discovery and trial. The judge does not decide who is telling the truth. The judge decides whether there is anything for a jury to decide at all.
Rule
- Genuine. A dispute is genuine where the evidence would let a reasonable jury return a verdict for the non-moving party.
- Material. A fact is material where it could affect the outcome under the governing substantive law.
- Initial burden. The movant must show the absence of a genuine dispute, which a defendant may do by pointing to the lack of evidence on an element the plaintiff must prove.
- Shifting. The burden then moves to the non-movant, who must point to specific facts in the record rather than rest on the pleadings.
- Viewing the evidence. All reasonable inferences are drawn in favor of the non-moving party, and credibility is never weighed.
- The evidentiary standard matters. The court asks whether a reasonable jury could find for the non-movant under the burden of proof that will apply at trial.
Leading cases
- Celotex Corp. v. Catrett: a defendant moving for summary judgment need not produce evidence negating the claim, and may instead point to the plaintiff's failure to support an essential element.
- Anderson v. Liberty Lobby, Inc.: the genuineness of a dispute is measured against the evidentiary standard that would govern at trial.
- Matsushita Electric Industrial Co. v. Zenith Radio Corp.: where a claim makes no economic sense, the non-movant must come forward with more persuasive evidence to survive.
- Scott v. Harris: a version of events blatantly contradicted by the record, there a video recording, does not create a genuine dispute.
Where students go wrong
The first mistake is saying the judge weighs the evidence. Weighing is exactly what is forbidden. The question is whether a reasonable jury could go either way.
The second is missing the Celotex point. A defendant does not have to disprove the claim. Showing that the plaintiff has no evidence on an essential element is enough to shift the burden.
The third is treating any factual disagreement as fatal to the motion. The disagreement has to matter under the governing law, so identify the element the fact bears on before calling it material.
FAQ
When can summary judgment be filed?
Usually after discovery, so both sides have a record to point to. Rule 56 allows a motion at any time until thirty days after the close of discovery unless the court sets another schedule.
What is partial summary judgment?
A ruling that disposes of some claims, some defenses, or particular issues, narrowing what goes to trial rather than ending the case.
How is it different from a motion to dismiss?
A motion to dismiss tests the complaint on its face. Summary judgment tests the evidence in the record after the parties have had the chance to develop it.
Related terms
Working through this in your own casebook takes longer than reading it here. Syllume starts from your syllabus and turns each assigned case into a brief you can study from.