Law School

Civil Procedure Lecture Forty-Six - Summary Judgment: No Genuine Dispute of Material Fact


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In the world of civil litigation, summary judgment serves as a pivotal mechanism to streamline the legal process. Imagine a scenario where a case is so clear-cut that a trial seems unnecessary. This is where summary judgment comes into play, offering a way to resolve disputes without the need for a full trial.


What is Summary Judgment? Summary judgment is a legal procedure where one party seeks to win a case without a trial, arguing that the facts are undisputed and the law is on their side. It is typically requested after the discovery phase, where both parties have exchanged evidence and information.


Purpose and Benefits: The primary purpose of summary judgment is to avoid unnecessary trials when there is no genuine issue of material fact. This not only saves time and resources for the court and the parties involved but also provides a quicker resolution to the dispute. As Judge Learned Hand once said, "The purpose of summary judgment is to pierce the pleadings and to assess the proof in order to see whether there is a genuine need for trial."


The Process: To succeed in a motion for summary judgment, the moving party must demonstrate that there are no genuine disputes over material facts and that they are entitled to judgment as a matter of law. The opposing party must then show that there is indeed a factual dispute that requires a trial to resolve.


Summary judgment is a crucial tool in civil litigation, designed to expedite the legal process and focus resources on cases that truly require a trial. By understanding its purpose and application, parties can better navigate the complexities of the legal system.


Subscribe Now: Stay informed about the intricacies of civil litigation by subscribing for more insights and updates.


summary judgment, civil litigation, legal standards, burden of proof, Solotex Trilogy, evidence, strategic motions, law school, legal writing, oral arguments

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