Pleadings and Motions
Dispositive Motions
Summary judgment is granted when the movant shows there is no genuine dispute as to any material fact and it is entitled to judgment as a matter of law. The court views the evidence in the light most favorable to the non-movant and does not weigh credibility.
A defendant may prevail by showing an absence of evidence supporting an essential element on which the plaintiff bears the burden.
Alternative Names:
MSJ, Summary Judgment Motion
Why it Matters?
Summary judgment is the principal off-ramp before trial and the point at which expert exclusion pays off, since a granted Daubert motion often leaves the plaintiff without causation evidence. Even when denied, the motion forces the plaintiff to commit to a factual theory and produces a record that shapes settlement. Partial summary judgment narrowing claims or striking punitive damages frequently changes case value more than a complete win would.
Frequently Confused with
Related terms
Frequently asked questions
What is the difference between summary judgment and a motion to dismiss?
Can a defendant win without submitting evidence?
