Motion for Summary Judgment
Definition:
A motion for summary judgment is a legal request asking the court to decide a case—or specific issues within a case—without a trial. It argues that there are no genuine disputes of material fact and that the moving party is entitled to judgment as a matter of law based on the evidence presented.
Motion for Summary Judgment Information
A motion for summary judgment is typically filed after discovery, once both sides have gathered evidence. The purpose is to avoid unnecessary trials when the facts are undisputed and only legal questions remain. The motion is supported by evidence such as affidavits, depositions, and documents showing there is no factual basis for the opposing party’s claims or defenses. If granted, the court issues a judgment in favor of the moving party without proceeding to trial. If denied, the case continues to trial to resolve factual disputes. Summary judgment promotes efficiency and conserves judicial resources.
Florida Legal Definition
Under **Florida Rule of Civil Procedure 1.510**, a party may move for summary judgment when there is no genuine dispute as to any material fact and the moving party is entitled to judgment as a matter of law. Florida’s summary judgment rule was amended in 2021 to align more closely with the federal standard, allowing courts to consider the entire record—not just the pleadings—when determining whether factual disputes exist. The rule encourages parties to identify undisputed facts early, reducing unnecessary trials. The moving party bears the initial burden of showing the absence of a factual issue; then the burden shifts to the nonmoving party to present evidence demonstrating a genuine dispute.
How It’s Used in Practice
In practice, attorneys file motions for summary judgment in civil cases such as contract disputes, negligence claims, and property matters. The motion is often used after discovery to argue that the opposing party lacks sufficient evidence to prove essential elements of their case. Courts review written briefs, supporting evidence, and oral arguments before ruling. In Florida, a well-supported motion can lead to partial or full judgment, effectively ending the case without trial. The decision can be appealed if one party believes the court misapplied the law or overlooked genuine factual issues.
Key Takeaways
- A motion for summary judgment asks the court to decide a case without trial when no material facts are disputed.
- It is supported by evidence such as affidavits, depositions, and documents gathered during discovery.
- Governed in Florida by Rule 1.510 of the Florida Rules of Civil Procedure.
- Promotes judicial efficiency by resolving cases based on law rather than fact-finding at trial.
- If granted, it results in final judgment for the moving party; if denied, the case proceeds to trial.
Disclaimer: The information and opinions provided are for general educational, informational or entertainment purposes only and should not be construed as legal advice or a substitute for consultation with a qualified attorney. Any information that you read does not create an attorney–client relationship with Barnes Walker, Goethe, Perron, Shea & Johnson, PLLC, or any of its attorneys. Because laws, regulations, and court interpretations may change over time, the definitions and explanations provided here may not reflect the most current legal standards. The application of law varies depending on your particular facts and jurisdiction. For advice regarding your specific situation, please contact one of our Florida attorneys for personalized guidance.
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