Pleadings and Motions
Dispositive Motions
Rule 56(a) permits judgment on a claim or defense or part of one. Courts may also enter an order establishing facts not genuinely in dispute, which are treated as established for trial.
Partial judgment is generally not immediately appealable.
Alternative Names:
Summary Adjudication, Partial Adjudication
Why it Matters?
Establishing facts not genuinely in dispute is the underused feature, since it narrows trial without requiring judgment on an entire claim. Removing an uncontested element, an inapplicable theory, or a damages category simplifies the trial and can eliminate evidence the jury would otherwise hear. Courts grant these narrowing orders more readily than complete judgment, which makes the targeted motion worth filing.
Frequently Confused with
Related terms
Frequently asked questions
What is the underused feature of Rule 56?
Why file a narrowing motion?
