Also known as: no genuine dispute as to any material fact · summary judgment standard
Written by attorneys · grounded in primary & secondary sources — see below
A standard for granting summary judgment under which the court must find that the record presents no triable dispute over a fact that could affect the outcome under the applicable substantive law.
Sentinel Insurance moved for summary judgment against Harbor Warehouse after attaching inspection photographs and adjuster reports showing long-term leakage excluded by the policy. Harbor responded only with attorney argument claiming sudden water intrusion and offered no affidavits or other evidence. The court granted the motion because the insurer's materials left no genuine dispute over a material fact that could change the coverage outcome.
RiverRock Builders moved for summary judgment against Summit Paving after citing project schedules, signed change orders, and emails confirming revised deadlines. Summit identified no contradictory documents or testimony. The court granted the motion because the record contained no genuine dispute over any material fact bearing on whether the revised scope excused the claimed delays.
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A factual dispute defeats summary judgment only when it is genuine and concerns a material fact. A dispute is genuine if the evidence would allow a reasonable jury to return a verdict for the nonmoving party. A fact is material if it might affect the outcome under the governing substantive law.
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Yes. Once the movant supports the motion with record materials showing no genuine dispute, the nonmovant must respond with admissible evidence or specific citations creating a genuine factual dispute. Bare allegations in the complaint or unsupported attorney argument are insufficient.
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No. Summary judgment may be granted even when damages are claimed if the movant shows no genuine dispute over liability or the amount of damages on the existing record.
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A party may cite depositions, documents, electronically stored information, affidavits, declarations, stipulations, admissions, interrogatory answers, and other materials that are admissible or can be presented in admissible form at trial.
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