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Civil Procedure • Summary Judgment
CIVPRO#057
Legal Definition
A summary judgment ends a case or an issue. To be granted, the movant must show there is no genuine issue of material fact and that the movant is entitled to summary judgment as a matter of law. In federal court, a party can move for summary judgment at any time until 30 days after the close of all discovery, unless a different time is set by local rule or court order.
Plain English Explanation
A summary judgment ends a case or issue without a full trial. It is a way to officially request that the court acknowledge not only would it be a waste of time and resources to continue the trial given the circumstances, but that because it is such a waste of time the party asking for it is entitled to such a judgment as a matter of law.
It's important to note that a summary judgment happens before trial, which will help differentiate it from some other motions discussed in other cards that occur after or during a trial.
It's important to note that a summary judgment happens before trial, which will help differentiate it from some other motions discussed in other cards that occur after or during a trial.
