Resolution by Summary Judgment
Summary judgment is a tool used to decide legal issues without the need for trial. Partial summary judgment reduces the number of disputed issues for trial. Full summary judgment completely resolves the matter without trial.
Preparation is Critical
Preparing for a motion for summary judgment is as important as preparation for trial. Like an appellate brief, your motion for summary judgment is a significant legal writing requiring extensive analysis, research, and persuasive writing. The result obtained can limit or eliminate your right to trial!
You cannot simply rely on an appeal to overcome an adverse summary judgment result. On appeal the standard of review is plenary. However, a poorly drafted summary judgment motion will likely severely diminish your outlook on appeal.
Standards for Summary Judgment
Summary judgment is granted if there are no genuine issues of material fact and the moving party is entitled to judgment as a matter of law.
What is a Genuine Issue of Material Fact?
A genuine issue implies that certain facts are disputed. A material fact is one central to the legal issue of the case; one that affects the outcome of the suit under applicable law. Irrelevant or minor factual disputes are not material to the case.
On summary judgment the question is not whether one set of facts are more plausible or whether it appears that one party may prevail at trial. The moving party must prove that there are no genuine issues of material fact, even if they would not have the burden of proof on those issues at trial.
How Does the Court Resolve Factual Issues?
In deciding whether a genuine issue of material fact exists the court draws all reasonable inferences in the light most favorable to party opposing the motion and all doubt concerning the existence of a material fact against the moving party.
All evidence produced for summary judgment must be credible. Conclusory statements, general denials, and factual allegations not based on personal knowledge are insufficient to avoid summary judgment. On summary judgment the court is not to consider the credibility of witnesses or weight of the evidence as it would be relevant at a trial. The court must focus on whether there are genuine issues of material fact
If the moving party provides a showing that there is no issue for trial then the opposing party must respond with specific facts showing that there is a genuine and triable issue.
Judicial Discretion: Genuine Issue of Material Fact
The court may exercise discretion, to err on the side of caution. Summary judgment may be denied if the court determines that a particular issue, or an entire action, should not be foreclosed without trial. The court may find that a particular case involves such complex factual or legal issues that it should not be adjudicated without the full exploration of trial.
A court denial of a motion for summary judgment due to factual discretion is not subject to appellate review. No outcome determinative action is take by the court. The result of the denial is the need for trial.
Judgment as a Matter of Law
When there are no genuine issues of material fact the court's analysis turns to whether the moving party is entitled to summary judgment as a matter of law. This portion of the analysis is purely legal in nature. The law is applied to the undisputed facts. It is at this time that the hours of research, analysis, and persuasive legal writing is tested.
Summary Judgment Appellate Review
A party dissatisfied with the court's decision may be permitted appellate review. Appellate review requires either:
- A final determination (i.e., full summary judgment); or,
- A partial summary judgment where the resulting decision interferes with a litigant's rights in a way that cannot be remedied on appeal from the final judgment and involves issues collateral to any remaining controversy.
An appeal of a final judgment is taken to the Appeals Court. An appeal of a partial judgment is sought as an interlocutory appeal in the Appeals Court.