Lawsuits are undoubtedly lengthy for both plaintiffs and defendants alike. Discovery, pre-trial motions, and appeals each add to the duration and cost of litigation, making an already tedious procedure even longer. Fortunately, you can expedite and resolve it faster by filing a motion for summary judgment.
A motion of summary judgment swiftly ends the case without needing a full trial, so knowing about it is essential to your case. This infographic aims to give you a clear and concise overview that breaks down the definition, purpose, and critical steps necessary to file this legal maneuver.
What Is a Motion for Summary Judgment?
A motion for summary judgment asks the judge to decide on specific claims or the entire case without proceeding to a full trial. It essentially asserts that there are no disputes over material facts.
California’s procedural framework for filing a motion for summary judgment is in the California Rules of Court (CRC) Rule 3.1350. It specifies the required format and content of the motion, including statements of undisputed material facts and supporting evidence.
It’s different from a motion to dismiss, which asks the judge to dismiss a claim or the entire lawsuit. You usually do so after reaching a settlement or filing a demurrer to claim the complaint’s inadequacy. On the other hand, a motion for summary judgment doesn’t dismiss the trial but expedites specific claims or the entire case due to the absence of factual disputes.
The motion for summary judgment first came to the United States in 1769 and initially met many objections that claimed it affected litigants’ rights to trial by jury—a claim most courts denied. It became a part of the 1938 Federal Rules of Civil Procedure (last amended in 2023), where it became “Rule 56,” streamlining the judicial process by allowing courts to dispose of undisputed cases without a trial.
Who Can File the Summary Judgment Motion, and When to File?
Who can file?
Plaintiffs and defendants can file a summary judgment motion.
Plaintiff
Plaintiffs may submit a motion for summary judgment to assert that, according to the undisputed facts and applicable law, they are entitled to judgment without trial in their favor.
Defendant
Meanwhile, a defendant could argue there are no genuine disputes, such as demonstrating the plaintiff’s evidence’s insufficiency to support their claims.
Take Lucchesi v. Giannini & Uniack, for example. The defendant (law firm Giannini & Uniack) filed a motion for summary judgment after the plaintiff (Lucchesi) sued them for malicious prosecution. The court granted it, but Lucchesi appealed the motions for summary judgment due to disputes in material facts.
When to file?
The Federal Rules of Civil Procedure states that unless local rule or the court orders a different timeline, you can file a motion for summary judgment within 30 days after all discoveries. You may also do so if the defendant has responded to the complaint, such as a motion to dismiss.
How to Prepare for Filing a Motion for Summary Judgment
Filing a motion for summary judgment requires careful preparation and adherence to the following procedure to be sufficient for consideration in court.
1. Prepare the necessary documents
According to CRC Rule 3.1350, you must prepare these documents to support your motion for summary judgment:
- Notice of motion: It informs the court and the opposing party of your intention to seek summary judgment.
- Statement of undisputed material facts: A detailed list of facts you assert aren’t disputed. Each point should have evidence to support it.
- Memorandum supporting the motion: A legal brief outlining the motion’s arguments and legal standards. It explains why a summary judgment is appropriate based on the undisputed facts and applicable laws.
- Evidence in support of the motion: You must compile and submit all relevant evidence supporting the motion. It may include:
- Affidavits
- Declarations
- Depositions
- Interrogation answers
- Documents
- Request for judicial notice in support of the motion: If the motion relies on facts or documents the court officially recognizes without further evidence, such as public records, laws, and court filings, you must include a request for judicial notice.
2. Meet with the opposing counsel
Before officially filing a motion for summary judgment, your legal team needs to discuss the case with the opposing party or their lawyer and try to resolve what spurred the movement in the first place. You must do it at least seven days before filing the motion. As a result, all parties can ensure the movement is necessary.
3. Schedule a hearing date
Remember to include a hearing date in your movement. It’ll dictate when you and the other shall appear before the applicable judge to argue about the motion. The California Code of Civil Procedure § 437c states that it must be no later than 30 days before your trial unless the court allows an extension.
Some districts also have additional requirements for scheduling hearings. For example, in the Central District of California, hearings must be at least 31 days after filing the motion for summary judgment and serving a copy by mail.
4. File and serve the motion
Finally, you must file all documents with the relevant courthouse’s Civil Intake Division in person or by mail, although choosing the latter might delay your filing date. You shall also send a copy of all documents you filed to the opposing party in person (no later than 28 days before the hearing) or by mail (no later than 31 days).
How Is a Summary Judgment Decided?
Judges have several considerations and options when deciding on a motion for summary judgment, which could either expedite resolutions or necessitate further proceedings.
Consider evidence or unraised arguments
The judge meticulously reviews the evidence all parties have presented to support or oppose the motion to determine if there are genuine disputes over material facts. Judges don’t weigh evidence or assess credibility at this stage. Instead, they view them in what’s most favorable to the non-moving party.
Grant partial summary judgment
Sometimes, the judge may find a summary judgment appropriate for specific claims but not for the entire case. This result might not be what you want. However, a partial judgment narrows the trial’s scope, streamlining proceedings and saving everyone’s time and resources.
Issue summary judgment on their own or for the other party
Judges may grant summary judgment without any party filing for one or in favor of the non-moving party, even if they didn’t file a motion. This situation occurs if it becomes clear that the law or undisputed facts favor the non-moving party while reviewing the evidence. However, courts exercise this power cautiously and ensure adequate notice and discussions with both parties before granting it.
Deny the motion for further discovery
Lastly, judges may deny a motion of summary judgment and order additional discovery if necessary. It happens if the non-moving party demonstrates that they haven’t had enough opportunity to gather evidence to oppose the motion, and the judge decides that proceeding to trial without completing discovery is unfair.
What’s next? If the judge rules in favor of the movement, the case (or specific issues you’ve addressed in your motion) counts as resolved without going to trial.
For plaintiffs, it means obtaining a judgment in their favor. Meanwhile, a favorable outcome for the defendants means dismissing the plaintiff’s claims or case. The party against which a summary judgment was made may appeal the decision via appellate courts after the case’s final ruling.
If the judge denies it, the case proceeds to trial, and all parties must prepare for litigation. That said, denying a summary judgment doesn’t imply a decision on the case’s merit. It simply means all claims must go through a trial. In such cases, both parties may start settlement discussions or seek alternative resolutions to find a resolution before trial.
FAQs
Understanding the complexities of a motion for summary judgment can be challenging. So, here are some frequently asked questions to clarify common concerns about it.
1. What happens if I ignore the motion for summary judgment?
Failing to respond to or appeal a motion for summary judgment results in the court granting it by default. You lose the opportunity to present evidence or arguments that could dispute the moving party’s claims. In other words, you might face judgment without the court considering your side.
2. Can a summary judgment be reversed?
Yes, you can reverse a summary judgment via appeals if the appellate court finds that the trial court made an error in granting the motion. However, you can’t file an appeal for the granted motion itself. You must first get a final judgment based on that ruling and appeal to review the trial’s decision and the summary judgment.
3. What evidence may be used in summary judgment?
You may support your motion with affidavits, declarations, depositions, admissions, medical records, and other documents. All evidence must be admissible, relevant, and adequately authenticated to be eligible for review in court. Most importantly, they should demonstrate no genuine disputes over material facts.
4. Can you appeal a denial of summary judgment?
You can’t immediately appeal the denial of a summary judgment because it’s an interlocutory order—it doesn’t conclude your case and equal a final decision. Before submitting an appeal, you must wait until the court makes a definitive ruling for your case.
5. What’s the difference between a summary judgment and a summary adjudication?
A summary judgment resolves the entire case, resulting in a final judgment. On the other hand, a summary adjudication is also called a “partial summary judgment”—it decides specific claims in your case, leaving the rest for trial.
Streamline Litigation with RMD Law
Do you have limited funds or time to handle your case? Filing a motion for summary judgment is your best course of action. In doing so, you can significantly expedite its resolution and achieve a fair and timely outcome with minimal troubles. So, keep this visual guide on hand and use it to prepare yourself for the next time you’re in court.
You don’t even have to do it alone. Reach out to one of our seasoned personal injury lawyers from RMD Law, who are ready for the tireless representation you deserve.
Contact us for a free case evaluation, or visit our blog page to learn more.
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