The Basics of Motions for Summary Judgment

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To outsiders, the law seems like an incredibly complicated, messy field. Perhaps surprisingly, most lawyers would agree with that conception – they’ve just managed to develop the skills necessary to thrive within that field.

Throughout criminal and civil proceedings, there are multiple opportunities for a case to be resolved. In fact, the vast majority of both civil and criminal cases are resolved long before a trial. One of the tools available to both plaintiffs and defendants is a motion for summary judgment, which is a request for the judge to find in favor of the moving party so the case can be resolved as quickly and efficiently as possible.

But what exactly is a motion for summary judgment? And is there anything you can do if a motion for summary judgment is granted against you?

The Importance of Working With an Attorney

An attorney can help you understand the intricate nuances of summary judgment, and may be able to help you file a motion if it's relevant for your particular case. Attorneys who specialize in appellate matters may also be able to help you appeal a motion for summary judgment in the favor of an opposing party in your case.

How Cases Can End

There are several opportunities for a case to end before it resolves with a jury at trial.

For example:

· Settlement. For starters, the majority of cases settle out of court, long before a trial even becomes a possibility. That's because most cases aren't particularly controversial, and it's clear to both parties what the general outcome is going to be. For example, if it's clear that you caused a car accident, and the amount of damages is not contested, there's really no reason to go to trial. Instead, the parties can negotiate and mutually agree to a favorable solution. Settlement is typically good for all parties involved, as it allows for a quick, relatively inexpensive, and convenient solution without having to get the court involved. Courts and other legal authorities also appreciate how many cases settle, because it reduces the burden on the court system.

· Summary judgment. A motion for summary judgment is a legal document that calls for a judge to resolve a dispute proactively, typically before it goes to trial and sometimes early in the trial process. A motion for summary judgment claims that there is no genuine dispute of material fact, indicating that there is no legal dispute to be tried. If a judge grants a motion for summary judgment, he will find in favor of the moving party; to reach this conclusion, he must weigh all evidence in the non moving party’s favor. In other words, the judge pictures a worst-case scenario for the moving party, and if he still finds the case to be practically impossible to lose, he will grant summary judgment.

· Judgment as a matter of law. Judgment as a matter of law is a very similar idea, but it takes place later in the trial. This motion is typically made during or after a trial, and it claims that no reasonable jury could have found in favor of the other party. The rules of civil procedure dictate how this is done.

· A natural conclusion. Of course, trials can also end the conventional way, with a judge or jury deciding the outcome based on the facts and arguments presented. Only a small minority of cases end this way, however.

Appealing a Granted Motion for Summary Judgment

If a motion for summary judgment was granted against you, or if your motion for summary judgment was denied, you may be able to appeal it on certain grounds.

For example:

· Fact issues. You might believe that summary judgment was granted, despite there being a genuine dispute with respect to a material fact of the case.

· Law issues. You might have issue with the way the judge of the lower court applied the law to your specific facts.

· Abuse of power issues. You might also believe that the lower court judge abused their power in some significant way.

The Merits and Costs of Appealing

Keep in mind that appealing isn't always the right decision, even if you feel like the outcome was unjust. Appealing requires you to have a material argument for why the lower court was wrong in its decision, and it's typically both time consuming and expensive. You'll need to weigh the pros and cons heavily before deciding whether to move forward with an appeal.

Motions for summary judgment are an important piece of our legal system, but they're not always easy to understand, and they don't always work in your favor. Better comprehending summary judgment, working with an attorney, and carefully considering an appeal can put you in a much better position to deal with them.