A method to decide a particular issue or an entire case without the need for a trial.
A request made by the defendant in a civil case. Asserts that the plaintiff has raised no genuine issue to be tried and asks the judge to rule in favor of the defense. Typically made before the trial.
Rule 56 of the Federal Rules of Civil Procedure, and most applicable state rules, provides for entry of a judgment of the court in favor of the party making the motion if all of the undisputed facts support all of the necessary elements of its claim or defense. For a Motion for Summary Judgment to be successful, the court must conclude that no reasonable jury could construe the facts in favor of the non-moving party. Usually a defense tactic. If the defendant’s motion for summary judgment fails, the case typically proceeds to trial shortly thereafter.
Request that the court rule on the case without a trial because there are no genuine issues of material facts to be presented at trial.
A request made by either party in a civil case. Asserts that the opposing party has raised no genuine issue of fact necessitating a hearing and asks the judge to rule in favor of the moving party based on the law. Typically made before the trial.
See summary judgment.