civil procedure · procedure
Summary judgment is a procedural mechanism under Rule 56 of the Federal Rules of Civil Procedure that permits a court to grant judgment in favor of one party when there is no genuine dispute as to any material fact, and the moving party is entitled to judgment as a matter of law. When a motion for summary judgment is filed, the court evaluates the evidence presented to determine if a trial is necessary.
The moving party must demonstrate that there are no significant factual disputes that would require a trial. A material fact is one that could affect the outcome of the case.
What to prove: The moving party must provide sufficient evidence, such as affidavits, depositions, or documents, to show that the opposing party cannot produce evidence sufficient to support a jury's verdict in their favor.
The moving party must also establish that, based on the undisputed facts, they are entitled to judgment under the applicable law. This involves a legal analysis of how the law applies to the established facts.
What to prove: The moving party must articulate a legal theory that entitles them to relief and demonstrate that no reasonable juror could find otherwise based on the facts.
The burden is on the moving party to prove that there is no genuine issue of material fact and that they are entitled to judgment as a matter of law, which is typically governed by the preponderance of the evidence standard.
On exams, focus on the distinction between issues of law and issues of fact, and analyze whether the moving party meets their burden under the summary judgment standard.