Legal Definitions - motion for a summary judgment

A motion for a summary judgment is a formal request made by one party in a lawsuit asking the judge to rule in their favor on some or all of the claims before the case goes to a full trial. The party making the motion argues that there are no genuine disputes about the important facts of the case, and based on those undisputed facts, the law clearly dictates that they should win.

To support this request, the party provides evidence gathered during the "discovery" phase of the lawsuit, such as sworn statements (affidavits), testimony from witness interviews (depositions), or admissions of fact from the opposing side. They also submit a legal argument explaining why the law applies to these undisputed facts in their favor.

The opposing party then has an opportunity to respond, typically by presenting their own evidence and legal arguments to demonstrate that there are genuine disputes about key facts that need to be resolved by a jury or judge at trial. If the judge agrees that there are significant factual disagreements, the motion for summary judgment will be denied, and the case will proceed to trial. However, if the judge finds that no reasonable jury could rule against the party making the motion based on the undisputed facts, the motion will be granted, and that part of the case will be decided without a trial. Sometimes, a judge may grant summary judgment on some claims within a lawsuit while allowing other claims to proceed to trial.

Here are a few examples:

• Example 1: Undisputed Contract Breach
  A software development company (Plaintiff) sues a client (Defendant) for failing to pay the final installment for a completed project. The contract clearly outlines the payment schedule, the company has documented proof of project completion and delivery, and during the discovery process, the client admits in a sworn deposition that they received the software and simply chose not to pay due to unexpected financial difficulties, not because of any issue with the software itself.

  How it illustrates the term: The software company could file a motion for summary judgment. There are no genuine disputes about the material facts: a valid contract existed, the service was rendered, and payment was not made. The client's reason for non-payment, while perhaps sympathetic, does not create a factual dispute about their contractual obligation. Based on these undisputed facts, the law clearly favors the software company, making a full trial unnecessary.

• Example 2: Clear Copyright Infringement
  A professional photographer (Plaintiff) discovers that a large marketing agency (Defendant) has been using one of their copyrighted images on several advertising campaigns without permission or license. The photographer has the official copyright registration for the image, and the agency's own marketing director admits in an email exchange (submitted as evidence) that they used the image, mistakenly believing it was "royalty-free" after finding it online.

  How it illustrates the term: The photographer could file a motion for summary judgment. The key facts are undisputed: the image is copyrighted, the photographer owns the copyright, and the agency used it without authorization. The agency's mistaken belief about the image's status does not create a factual dispute about the act of infringement itself, only perhaps about their intent, which might affect damages but not liability. With no material facts in dispute regarding the infringement, the judge can rule on the legal issue without a trial.

• Example 3: Personal Injury with Plaintiff's Admission of Fault
  A person (Plaintiff) sues a grocery store (Defendant) after slipping and falling near the produce section. During their deposition, the plaintiff admits under oath that they were distracted by their phone, walked past a prominent "Wet Floor" sign, and ignored an employee who was actively mopping the area and verbally warned them to watch their step, before slipping on the wet surface.

  How it illustrates the term: The grocery store could file a motion for summary judgment. The plaintiff's own admissions establish that the store took reasonable precautions (signage, active mopping, verbal warning) and that the plaintiff's own negligence contributed to the fall. There are no genuine factual disputes regarding the store's actions or the plaintiff's awareness. Based on these undisputed facts, the law would likely find the store not liable, allowing the judge to dismiss the case without a trial.