Motion for Summary Judgment

Definition

Motion for summary judgment is a request made by the defendant in a civil case. It asserts that the plaintiff has raised no genuine issue to be tried and asks the judge to rule in favor of the defense. This motion is typically made before trial. Summary judgment is a legal term which means that a court has made a determination (a judgment) without a full trial. Such a judgment may be issued as to the merits of an entire case or of specific issues in that case. In such a motion, “each element must be supported in the same way as any other matter on which the plaintiff bears the burden of proof, i.e., with the manner and degree of evidence required at the successive stages of the litigation.” In order to defeat a summary judgment motion, the nonmoving party (e.g., plaintiff) may not simply rely on his pleadings but must present some evidence on every material issue for which he will bear the burden of proof at trial. Absent an award of summary judgment (or some other type of...