In the landscape of legal proceedings, understanding various terminologies and processes is essential, especially when involved in a civil or criminal proceeding or working towards reversing a criminal conviction. One such term that frequently arises in both civil and criminal cases is summary judgment. This blog post aims to explain what a summary judgment is, how it works, and its implications for individuals involved in legal disputes.

What is a Summary Judgment?

Summary judgment is a legal procedure used to expedite a case by resolving it without a full trial. It is typically requested by one party who believes that there are no significant factual disputes that need to be resolved by a jury or judge and that they are entitled to a judgment as a matter of law. This means that even if all the facts presented by the opposing party are true, the requesting party believes they should still win the case based on the law.

What is the Purpose?

Summary judgment can be used in both civil and criminal cases, although it is more common in civil litigation. In civil cases, it can be used to resolve disputes involving contracts, property, personal injury, and other matters. In criminal cases, summary judgment (also referred to as a motion to dismiss) is less common but can be used in certain circumstances, such as when the defense believes there is insufficient evidence to support a conviction.

By resolving issues that do not require a trial, summary judgment can expedite the legal process and reduce the burden on courts and litigants. Both defendants and plaintiffs need to be cognizant of when they should be pursuing summary judgment during litigation.

What is the Process of a Summary Judgment?

The process for a ruling generally follows these steps:

  1. Filing a Motion: The party seeking summary judgment must file a motion with the court. This motion includes a statement of facts, supported by evidence such as affidavits, depositions, and other documents, showing that there are no material facts in dispute.
  2. Response From the Opposing Party: The opposing party has the opportunity to respond to that motion. They must demonstrate that there are indeed factual disputes that need to be resolved by a jury or judge. This response also includes supporting evidence.
  3. Court Review: The judge reviews the motion, the response, and all supporting evidence. The judges task is to determine whether there are any genuine issues of material fact that require a trial.
  4. Ruling: If the judge finds that there are no genuine issues of material fact and that the moving party is entitled to judgment as a matter of law, the judge will grant summary judgment. If not, the case will proceed to trial.
what is a summary judgment
Human Space Flight Plans Committee (200906170002HQ) by NASA HQ PHOTO is licensed under CC-BY-NC-ND 2.0

What is a Summary Judgments Legal Standard?

The legal standards for granting summary judgment can vary by jurisdiction, but generally, the following criteria must be met:

  1. No Genuine Dispute of Material Fact: The facts that could affect the outcome of the case must be undisputed and,
  2. Entitlement to Judgment as a Matter of Law: Based on the undisputed facts, the moving party must be entitled to win the case under the applicable law.

Several Supreme Court cases have defined and refined the summary judgment legal standard. My post, Simplifying Summary Judgment’s Legal Standard identifies and explains these landmark cases.

Advantages of Summary Judgment

There are advantages which include:

  1. Efficiency: summary judgment can save time and resources by resolving a case without a lengthy trial.
  2. Cost-Effective: By avoiding trial, both parties can save on legal fees and other costs associated with litigation.
  3. Clarity: It can provide a clear resolution to legal disputes where the facts are not in question.

Disadvantages to Summary Judgment

There are disadvantages which include:

  1. Limited Opportunity to Present Case: The opposing party may feel they did not have a full opportunity to present their case in court.
  2. Potential for Appeal: If summary judgment is granted, the losing party may appeal the decision, which can prolong the case.
  3. Misrepresentation of Facts: There is a risk that the judge may misinterpret the facts or the law, leading to an unjust outcome.

Summary Judgment in Criminal Cases

In criminal cases, summary judgment is less common but can be critical in certain situations. For instance, if the defense can show that the prosecution’s evidence is insufficient to support a conviction, they may file a motion for summary judgment. However, because the stakes are higher in criminal cases, courts are often more reluctant to grant summary judgment, preferring instead to let the jury decide the facts.

My Final Thoughts

Summary judgment is a powerful legal tool designed to streamline the judicial process by resolving cases where there are no significant factual disputes. It can offer efficiency and cost savings, but it also comes with risks and limitations, especially in criminal cases. For those involved in legal disputes or seeking to reverse a criminal conviction, understanding what a summary judgment is can provide valuable insights and potentially aid in their legal strategy.

If you, or someone you know, has a pending criminal matter, will be seeking post-conviction relief, or litigating a Section 1983 civil rights case, our books, The Colossal Book of Criminal Citations, and The Colossal Book of Civil Citations, are crucial resources in the pursuit of justice. Order your copy today, or on behalf of someone incarcerated. Our books are softcover, institution friendly, and are frequently advertised in Prison Legal News magazine.