Basics of Summary Judgment Motions
Summary judgment is a pre-trial motion, usually a post-discovery motion in which the moving party seeks a judge's ruling that the admissible evidence shows there is “no triable issue of material fact” in dispute, and therefore no reason for a trial. It is governed by the Federal Rule of Civil Procedure 56 and similar state laws. Summary judgment is sometimes called a “powerful weapon for defendants.” Although plaintiffs may also bring these motions, this is much more difficult, and defendants bring the majority of motions for a summary judgment.