What is a Motion for Summary Judgment and What Does it Mean for My Case?

What is a Motion for Summary Judgment and What Does it Mean for My Case?

Kevin R. Harper & Jonathan A. Dessaules

Dessaules Harper PLC

www.dessaulesharper.com

A common misconception shared among litigants is that every lawsuit in court filed will be heard by a jury.  This fallacy is probably fueled by popular television courtroom melodramas over the past decade, such as Boston Legal, the Practice and Ally McBeal, where even the craziest case is decided by a jury in the end.  The unfortunate reality, however, is that not every case goes to the jury.  Many are decided on a motion for summary judgment.

A motion for summary judgment is a document that a party, commonly a defendant, files asking the court to decide some or all of the issues in a case as a matter of law without a jury.  Summary judgment is appropriate when there is no genuine issue of any material fact and the law entitles the moving party to a judgment on those issues.  Essentially, the court acts as a gatekeeper by resolving whether there are facts are in dispute to warrant empanelling a jury to hear the case.  The court does not decide questions of fact on a motion for summary judgment; rather, it examines the facts presented and decides whether jurors could reasonably disagree on them.  If the court concludes that material facts are not in dispute and that the moving party is otherwise entitled to judgment as a matter of law, the case is over except for the possibility of appealing the court’s decision granting summary judgment to a higher court. 

To survive a motion for summary judgment, the plaintiff must show that questions of fact exist for a jury to decide.  To do so, he or she must present some evidence to support their claim, either through affidavits, deposition testimony or documentary evidence.  A party cannot simply rest on the laurels of his or her allegations and accusations.  “When a motion for summary judgment is made…, an adverse party may not rest upon the mere allegations or denials of the adverse party’s pleadings, but the adverse party’s response…must set forth specific facts showing that there is a genuine issue for trial." [Federal Rule of Civil Procedure 56(e)]

In a wrongful termination case, for example, you may believe that you were fired for a discriminatory reason.  To get to a jury, however, you must also come forward with some evidence to support your claims.  This is often easier said than done.  Sometimes the facts obtained in discovery simply do not support the allegations.  In the wrongful termination context, the defendant may be able to show that, despite your own belief, you were actually terminated for a non-discriminatory reason.  What kind of evidence and how much evidence is necessary are common areas of disagreement among lawyers and courts.

Responding to motions for summary judgment can be very time-consuming and costly.  In addition to gathering necessary facts in a short period of time, your lawyer must convince a court that you are entitled to a jury trial.  The process usually involves extensive legal research and analysis.  The amount of time necessary to respond to a motion for summary judgment varies from case to case.  It is not uncommon for lawyers to spend hours, days, and sometimes even weeks, preparing responses to motions for summary judgment.  It is also not uncommon for the fees and costs associated with summary judgment motions to well exceed $10,000. 

Sometimes, the material facts are not in dispute and both parties move for summary judgment on the basis of the undisputed facts.  In such cases, each side is arguing that the law, as it applies to the undisputed facts, requires that a judgment be entered in their favor.  Juries decide facts and courts are the sole arbiter of any legal questions.  Consequently, it may be appropriate for the court to decide the outcome of an issue if the facts are not in dispute.

While you may believe that your case has sufficient merit to be heard by a jury, convincing a judge of this is not an easy task.  Just as your lawyer cannot guarantee that a jury will ultimately find in your favor, there is no guarantee that a court will find that questions of fact exist that compel a trial in every case.