Motion for summary judgment example9/5/2023 Now you’re ready to roll up your sleeves and explain in detail why summary judgment is warranted in your case. You should also recite the controlling legal standard for summary judgment by referencing the language of the applicable rule in your jurisdiction and any corresponding case law. This will prepare the reader for what might be a large amount of information to follow, and it will entice the reader to find out how you are supporting your contentions. Your task is to demonstrate two simple things: 1) the material facts are undisputed (i.e., there are no “genuine issues” of material fact) and 2) you are entitled to judgment as a matter of law on those facts.īefore you delve into these steps, you should begin by stating in plain English what your position is and why you deserve to prevail on it. The prospect of drafting a motion for summary judgment used to intimidate me as a young associate, but experience taught me that it’s nothing to fear. In the example of the complaint about a stolen dog, evidence showing that the dog died previously is material, whereas evidence showing that the dog had fleas is not. By the same token, a defendant could move for summary judgment on nine counts of the complaint but leave the tenth for the jury.Ī material fact is one that helps prove or disprove the pleadings by the Plaintiff (the complaint) or by the Defendant (the answer). Depending on what the evidence shows, a plaintiff could move for summary judgment on liability but leave damages to the jury. Though I introduced this article in terms of disposing of a complaint, summary judgment is not merely a defensive tool - plaintiffs are every bit as entitled to move for summary judgment if the undisputed facts show that the defendant’s denials or defenses are hollow.Ī party may request summary judgment on the entirety of a case or on only a sliver of it. Judges are human and make mistakes, as all of us do, but I rarely have met a judge who refused summary judgment purely out of a personal desire to avoid granting it.īoth Plaintiffs And Defendants Can Seek Summary Judgment Moreover, I have found that courts are perfectly willing to grant summary judgment when circumstances warrant. I disagree with this, and I consider it an attorney’s ethical responsibility to seek summary judgment whenever the evidence and law support doing so (unless of course the client instructs otherwise). There is a school of thought that motions for summary judgment are often futile because courts are reluctant to take matters away from a jury. Not all cases are so simple of course, and it often becomes necessary to pursue a fair amount of written discovery and conduct depositions before being in a position to request summary judgment.ĭeciding Whether To File A Motion For Summary Judgment However, if the defendant finds solid evidence that the dog died a year earlier, he can move for summary judgment and avoid a full-blown trial. For example, a complaint alleging that the defendant stole the plaintiff’s dog is valid on its face and cannot be dismissed for failure to state a cause of action. What makes a motion for summary judgment more demanding than a motion to dismiss or for judgment on the pleadings is the need to gather evidence beyond the “four corners” of the complaint. If the relevant facts are undisputed, the jury has no role to play. It’s important to remember that the purpose of a jury is to resolve disputed facts by weighing the evidence and scrutinizing the credibility of parties and witnesses. Summary judgment becomes available when the relevant (or “material”) facts of a case are not disputed, which means that the court may issue judgment as a matter of law. This sort of motion is provided for in Rule 56 of the Federal Rules of Civil Procedure and in state rules of procedure as well, whose numbering might be different but whose nature is the same. At that point it might seem as if settlement or trial are the only remaining options, but many times there is a third way: a motion for summary judgment. It often happens, though, that a complaint is valid and offers legal grounds for relief if its allegations are taken as true. On previous occasions I’ve discussed how to move for dismissal or for judgment on the pleadings, both of which are excellent tools for disposing of complaints that are defective on their face.
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