Pleadings and Motions
Dispositive Motions
Both parties may move for summary judgment on the same claim. Each motion is evaluated separately with facts viewed favorably to the non-movant on that motion, so cross-motions do not establish the absence of factual disputes.
The court may deny both.
Alternative Names:
Cross-Motions, Competing Summary Judgment Motions
Why it Matters?
Filing cross-motions does not concede that no factual dispute exists, though parties sometimes assume it does. Each motion is assessed independently with the evidence viewed against the movant, so the same record can defeat both. The practical consequence is that a party opposing summary judgment while also moving must maintain that disputes exist for the opponent's motion while asserting none for its own, which requires careful drafting.
Frequently Confused with
Related terms
Frequently asked questions
Do cross-motions establish that no factual dispute exists?
What drafting challenge do they create?
