Summary judgment is a pretrial ruling that resolves a claim or defense without a trial. A court grants it when the evidence shows there is no genuine dispute about a material fact and the moving party is entitled to judgment as a matter of law. In federal court the procedure is governed by Rule 56 of the Federal Rules of Civil Procedure, and most states have a comparable rule. The purpose is to avoid the cost and delay of a trial when the outcome turns on law rather than on disputed facts.
The Core Standard
Two ideas drive the analysis. A material fact is one that could affect the outcome under the governing law. A genuine dispute exists when a reasonable jury could return a verdict for the nonmoving party based on the evidence. If the facts are contested in a way that matters, the case goes to trial. If the facts are settled and the law favors one side, the court can rule.
Courts view the record in the light most favorable to the party opposing the motion and draw reasonable inferences in that party's favor. The moving party bears the initial burden of showing the absence of a genuine dispute. If it does, the burden shifts to the nonmoving party to point to specific evidence that creates one.
How the Burden Shifts
- The moving party identifies the claim or defense and shows there is no genuine dispute of material fact.
- If the moving party does not bear the ultimate burden of proof at trial, it may show the nonmoving party lacks evidence to support an essential element.
- The nonmoving party must then respond with admissible evidence, not just argument or denials, showing a genuine dispute.
- The court decides whether a reasonable jury could find for the nonmoving party.
The Supreme Court's decisions in Celotex Corp. v. Catrett, Anderson v. Liberty Lobby, Inc., and Matsushita Electric Industrial Co. v. Zenith Radio Corp. (1986) shaped this framework, and lower courts continue to apply the standards those cases set out.
What Evidence the Court Can Consider
A party supporting or opposing summary judgment may rely on depositions, answers to interrogatories, admissions, affidavits or declarations, and documents such as contracts, emails, and records. Rule 56 requires that the evidence be the kind that could be presented at trial, so hearsay and unauthenticated documents generally cannot be used to create a dispute.
A declaration or affidavit must be based on personal knowledge and set out facts that would be admissible. A party cannot defeat summary judgment by submitting a later statement that contradicts earlier sworn testimony without a good explanation, a problem courts call the sham affidavit issue.
Timing and Procedure
A party may move for summary judgment after the pleadings and usually after enough discovery to develop the record. The scheduling order in a case sets the deadline for filing. The motion must be served at least 10 days before the hearing under the federal rule, though local rules and standing orders often impose different and longer timelines. The opposing party files a response, and the moving party may file a reply.
Partial Summary Judgment
A court can grant summary judgment on part of a case rather than the whole. It may resolve one claim, one defense, or one element while leaving other issues for trial. When the court grants judgment on fewer than all claims, it may direct entry of a final judgment on those claims if there is no just reason for delay, which allows an immediate appeal.
Summary Judgment Compared to Other Rulings
| Ruling | When it happens | What the court considers |
|---|---|---|
| Motion to dismiss | Early, based on the pleadings | Whether the complaint states a legal claim |
| Summary judgment | After discovery, before trial | Whether material facts are genuinely disputed |
| Judgment as a matter of law | During trial | Whether no reasonable jury could rule for the other side |
| Trial verdict | After evidence is presented | Facts found by the jury or judge |
Common Grounds for a Motion
- The statute of limitations expired and the dates are undisputed.
- A contract's language is unambiguous and resolves the dispute.
- An essential element of a claim has no supporting evidence.
- A party admitted key facts in discovery or in a pleading.
- A legal defense, such as immunity or lack of duty, applies to the undisputed facts.
Appeals
An order granting summary judgment is reviewed de novo on appeal, meaning the appellate court applies the same standard as the trial court and does not defer to the trial court's legal conclusions. A denial of summary judgment is generally not appealable on its own because the case continues toward trial.
State Variations
State summary judgment rules track the federal model but differ in details. Some states use different terminology, impose different deadlines, or apply a more demanding standard in certain cases. A few states restrict summary judgment in specific kinds of claims. Always check the rule and local practice in the court where the case is pending.
Where to Find the Rules
Rule 56 appears in the Federal Rules of Civil Procedure at uscourts.gov and is summarized on Cornell's Legal Information Institute at law.cornell.edu. State court websites publish their own rules of civil procedure, and the local rules of the specific court can add requirements for the motion and the response.
Summary judgment often decides a case before trial, so the stakes are high. This guide is general information about civil procedure and is not legal advice. Consult a licensed attorney about the rules and deadlines that apply in your case.