Also known as: motion for summary judgment · summary judgment motion · summary judgment motions · MSJ · Rule 56 motion
Written by attorneys · grounded in primary & secondary sources — see below
A procedural device by which a party seeks judgment without trial. A party may file the motion at any time until thirty days after the close of all discovery unless a local rule or court order sets a different deadline.
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Monica Morgan sued Midwest Airlines for breach of contract. Discovery closed on March 1. On April 10 Monica filed a motion for summary judgment. The court denied the motion as untimely because it was filed more than thirty days after discovery closed.
Michelle Murphy owned several parcels that the housing authority sought to condemn. She moved for summary judgment arguing that the taking violated the public-use requirement. The district court granted the motion after finding no genuine dispute that the authority's plan served only private interests.
Matrix Technologies sued several carriers alleging a conspiracy to fix prices. The defendants moved for summary judgment after discovery revealed no evidence of an agreement. The court granted the motion because the record contained no facts that would permit a reasonable jury to infer collusion.
Mason McCarthy obtained a large punitive award against his insurer. The insurer moved for summary judgment on the punitive claim, arguing the award violated due process. The court granted the motion after finding the ratio of punitive to compensatory damages constitutionally excessive.
Melanie Morris sued a newspaper for defamation. The paper moved for summary judgment on the actual-malice element. The court granted the motion because Morris produced no evidence that the reporter knew the statements were false or acted with reckless disregard.
Miranda Morales, a shareholder, sued TSC Industries claiming its proxy statement omitted material facts. TSC moved for summary judgment. The court granted the motion after determining that the omitted facts would not have altered a reasonable shareholder's decision.
A party may file the motion at any time until thirty days after the close of all discovery unless a local rule or court order sets a different deadline. The timing rule appears in Federal Rule of Civil Procedure 56(b).
Supporting sources
…pending in the state court. These representations were also repeated in the affidavit he executed and filed in support of his motion for summary judgment. Dr. Hallford is, therefore, in the position of seeking, in a federal court, declaratory and injunctive relief with respect to the same statutes under which he stands charged in criminal…