ABA Family Legal Guide

How the Legal System Works

The Civil Trial: Step by Step

Commencing Legal Proceedings and Procedures Before Trial

What is summary judgment?

Summary judgment may be appropriate if the relevant facts are not in dispute and the only question is how the law should be applied to those facts. In such cases, there is no need for a jury or judge to hear witnesses or view evidence regarding what happened. All that is left for the court to do is to apply the law to the undisputed facts, without a trial.

In considering whether to grant a party's motion for summary judgment, the trial court will review the parties' affidavits (written statements made under oath) and discovery materials to determine whether, when viewed in the light most favorable to the opponent to the motion, there is no genuine dispute regarding an important fact.

If the court is uncertain whether a genuine factual issue exists, it will deny the summary judgment motion and the case will proceed to trial. If, on the other hand, the court is convinced that there is no such factual dispute, it will consider the parties' written arguments on the legal issues and then rule on the motion for summary judgment, disposing of the case in favor of one of the parties.