Even if a motion for summary judgment does not resolve a case in its entirety, the court may enter partial summary judgment, determine that certain material facts are not genuinely in dispute, or otherwise narrow the scope of the litigation. Such rulings often precipitate settlement, and streamline those cases that continue on for additional litigation and trial.
Also, some jurisdictions expressly require a statement of material facts as to which the moving party contends there is no genuine dispute. See, e. Other jurisdictions have no such requirement. Rule Prior to December 1, , the Federal Rules of Civil Procedure contained no such requirement, but the local rules for some district courts did — while others did not.
Compare U. It can end a case in its entirety, strip away portions of the case, or alter the course and contours of the litigation. It is also one of the most frequently used tools. The Journal of the Section of Litigation, Vol.
Given the power and the prevalence of the motion for summary judgment, how should counsel go about litigating such motions? What should you keep in mind as you consider the motion and as you prepare a motion or a response? There are certain principles that apply to summary judgment practice no matter the subject matter of the case, and that should be followed — or at least considered — in the course of seeking or opposing the entry of summary judgment.
Here then are ten ideas, or if you will, Ten Commandments of summary judgment practice. It is also important to keep in mind that some types of cases are particularly well suited for summary disposition. For example, claims that hinge on an interpretation of a written contract are prime summary judgment candidates.
Resolution Trust Corp. Even if the contract is found to be ambiguous, summary judgment might still be available. As such cases are especially conducive to summary disposition, counsel should always have summary judgment in mind when litigating these cases. In addition, counsel should know the issues that are likely to be the focus of the motion for summary judgment, and become familiar and comfortable with the applicable case law and statutory provisions that will govern those issues.
Discovery should then be framed with those legal standards in mind. Counsel should draft written discovery with those controlling legal standards in mind, and interrogatories may include specific statutory language or specific language from pivotal cases.
Similarly, deposition questioning should be tailored toward building the record needed to support the motion for summary judgment — or to oppose the motion that counsel anticipates may be coming from his or her opponent. See Michele L.
As is true for many things in life, timing can be crucial in deciding when to file a motion for summary judgment.
Traditionally, most motions for summary judgment have been filed after the completion of discovery, and that remains the most common time for filing such motions. Yet, there are some cases where an earlier motion might be appropriate. Indeed, federal courts have held that Fed. Roche Biomedical Labs. Humphreys v. Ray v. Amr Airlines, Inc. A decision in summary judgement reduces the cost and time of a more lengthy trial.
However, the fundamental objective for the courts is to ensure that justice is done. Therefore, a motion judge will render an opinion summarily only if there is sufficient evidence to convince the court that they can make a fair decision based on all the facts presented. Summary judgement is a pre-trial procedure only for such cases as need to be resolved in a trial.
However, the vast majority of personal injury claims are resolved through negotiation with the opposing party. If you or a loved one suffered personal injury in any type of accident, call the Injury Lawyers of Ontario ILO for expert advice on your legal rights and on the optimal approach for reaching a favourable settlement given the unique circumstances of your case.
Posted by Injury Lawyers of Ontario on May 11, A summary judgement is a motion brought by one party against another to have a case decided summarily, without going to trial. Any limitation periods remain strictly the responsibility of the sender until a formal retainer agreement has been signed. What is a Summary Judgement? Posted by Injury Lawyers of Ontario on May 11, Share This Article. Updated February 21, How Is Summary Judgment Granted? Who Can Move to Summary Judgment? What Evidence Can Be Used?
For example: Photographs Signed witness statements Police reports Medical records A personal injury attorney will be able to help you figure out what you need for your case. The summary judgment process has, in general, five steps: The moving party has to move to summary judgment.
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