Definitions for "Motion For Summary Judgment"
A method to decide a particular issue or an entire case without the need for a trial.
A request made by the defendant in a civil case. Asserts that the plaintiff has raised no genuine issue to be tried and asks the judge to rule in favor of the defense. Typically made before the trial.
Rule 56 of the Federal Rules of Civil Procedure, and most applicable state rules, provides for entry of a judgment of the court in favor of the party making the motion if all of the undisputed facts support all of the necessary elements of its claim or defense. For a Motion for Summary Judgment to be successful, the court must conclude that no reasonable jury could construe the facts in favor of the non-moving party. Usually a defense tactic. If the defendant’s motion for summary judgment fails, the case typically proceeds to trial shortly thereafter.