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Summary Judgment

Summary judgment is a court's decision to end a case or a part of it without a trial because the key facts are not in dispute and the law clearly favors one side.

What it actually is

Summary judgment is a procedural mechanism that allows a party to ask the judge to rule on the case before trial, based on sworn statements, documents, and other evidence, asserting that there is no genuine issue of material fact requiring a jury. It typically appears after both sides have had a chance to conduct discovery (gather evidence) and before the trial begins. The judge evaluates whether a reasonable jury could find for the other side; if not, the judge grants summary judgment, resolving the claim or defense as a matter of law.

Why it matters in your case

If you are facing a lawsuit, the other side may file a motion for summary judgment to try to win without a trial, which could save them time and money. For you, it means you must present evidence showing there is a real factual dispute that needs to be heard by a jury, or the judge may rule against you without ever having a trial.

The common misunderstanding

Many people mistakenly think that if they have a compelling story or strong feelings about the case, the judge will always let it go to trial. In reality, summary judgment is about whether the facts, if taken as true, still leave a legal question for a jury to decide—not about who seems more sympathetic.

Get the actual rule

Definitions are orientation; rules are authority

This page explains the concept. When it matters to your case, read the rule that governs it in your court — we hold Texas, federal and Washington court rules word for word, and every state's official resources are on the state pages. If someone cites a case at you, check that it exists first.

Related

Terms that travel with this one

General explanation, not legal advice, and not specific to any state — procedures and deadlines vary by jurisdiction and court. If you can get a lawyer or free legal aid, do: every real option.