Civil Procedure · Summary Judgment
Clear answer to: When Can Summary Judgment in Civil Procedure? with key cases, examples, and exam tips for law students.
Summary judgment may be granted when there is no genuine dispute as to any material fact and the moving party is entitled to judgment as a matter of law under Federal Rule of Civil Procedure 56.
Summary judgment is a mechanism in civil procedure used to resolve cases without the need for a trial. Under Federal Rule of Civil Procedure 56, a party may move for summary judgment at any time after the expiration of 20 days from the commencement of the action or after the opposing party has had the opportunity to conduct discovery. The court grants summary judgment when the moving party demonstrates that there is no genuine dispute as to any material fact and that they are entitled to judgment as a matter of law.
A genuine dispute exists when a reasonable jury could return a verdict for the non-moving party based on the presented evidence. Material facts are those that could affect the outcome of the case under the governing law. When assessing a motion for summary judgment, the court views the evidence in the light most favorable to the non-moving party, making all reasonable inferences that could be drawn from the evidence.
The moving party must support their motion with evidence, often through affidavits, depositions, or document exhibits, which demonstrate the absence of material facts. If the moving party meets this burden, the onus shifts to the non-moving party to show specific facts demonstrating a genuine issue for trial. Failure to do so typically results in the court granting summary judgment in favor of the moving party.
In practice, summary judgment is commonly used to resolve cases involving straightforward legal issues or clear factual records. For example, in negligence cases where the defendant's liability is evident, summary judgment can expedite resolution and reduce litigation costs.
In a personal injury case where a plaintiff claims a slip and fall due to a wet floor in a grocery store, the defendant can file for summary judgment if they present evidence such as surveillance footage showing the floor was dry or that the plaintiff was not paying attention. If the evidence substantiates that the plaintiff cannot prove negligence, summary judgment may be granted.
Questions on summary judgment often assess students' understanding of the standards and burden-shifting mechanisms. Be prepared to analyze fact patterns involving material and genuine disputes.