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FAQ

Motion for Summary Judgment (sometimes called motion for summary disposition). This motion asks the court for a judgment on the merits of the case before the trial. It is properly made where there is no dispute about the facts and only a question of law needs to be decided.

Stated different, to successfully defend against summary judgment the non-moving party (you) should seek to demonstrate that indeed there are material facts in dispute. Alternatively, the non-moving party (you) can argue that the undisputed facts support a judgment as a matter of law in your favor.

At certain times in a lawsuit and depending upon which court the case was filed in, parties may file dispositive motionsmotions to dismiss, motions for summary disposition, or motions for summary judgment. These types of motions ask the court to decide the case without a trial based on the papers filed with the court.

A response must be in writing and include the same supporting documents as a motion for summary judgment. The opposition to the motion for summary judgment should also include a statement of facts showing the dispute and supporting documents.

Completely resolve a case (e.g., entry of judgment for plaintiff or defendants) Completely resolve a claim. Completely determine the status of a particular party. Resolve a particular claim's application to a particular party. Establish a fact or ruling applicable to the case as it is further adjudicated.

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