MOTION FOR SUMMARY JUDGMENT – WHEN IS THE RIGHT TIME TO FILE
What is a summary judgment?
Summary judgment allows one party to win their case without having to go to trial. A party may seek summary judgment on a portion of the case or on the entire case. While a motion for summary judgment is not a substitute for trial, it enables courts to dispense with files that do not require a trial. Additionally, it enables the court to simplify and streamline the case, making the trial more efficient and focused on the actual points of contention.
When to file the motion
In general, either party to the legal action may file a motion for summary judgment at any time. However, timing is key depending on the nature of the action in court. In certain circumstances, the courts may opt to impose a deadline for filing the motion. If the court establishes a deadline for summary judgment, it will almost certainly be included in the preliminary conference order or compliance conference order. Additionally, you should consult the judge’s individual rules and any other applicable local rules regarding deadlines.
Filing pre-discovery vs filing post-discovery
Motion for summary judgment are typically filed after all pertinent discovery has been completed but well in advance of trial. It is most frequently brought following the conclusion of fact discovery in order to preempt an objection that the opposing party did not have sufficient time to conduct the necessary discovery to oppose the motion.
A motion for summary judgment may also be brought early i.e. prior to the close of fact discovery. This is not often the case as an early motion is limited to purely legal issues, such as contract interpretation.
Nonetheless, an early motion for summary judgment does not always work in favor of the moving party. If the defendant files a motion before they have filed an answer to the complaint, the court may consider the defendant to have failed to respond to the complaint in a timely manner and thus is presumed to have admitted all of the complaint’s allegations. The plaintiff may then use the admitted complaint allegations as admissible evidence in opposing summary judgment. As such, even an early motion for summary judgment should be filed after a reply to the complaint is filed. Thus, it is best to error on the side of caution and move for summary judgment following a response to the operative complaint.
Additionally, from the judge’s perspective, if a party files an early motion for summary judgment on the grounds that it will streamline or end the case and the motion fails to accomplish either, the party may lose credibility with the judge for the remainder of the case.
When deciding a motion for summary judgment, the court may consider only facts contained in the pretrial record, such as deposition testimony, affidavits (sworn statements of fact), responses to written discovery requests, and other documents. It is powerless to determine which side is more credible. If the court has any reservations about the credibility of witnesses or which side to believe, the case should be tried.
If you fail to respond to the motion, you risk losing your case without being heard by the judge. This means that if you are the plaintiff or petitioner in the case, your case may be dismissed. If you are a defendant or respondent, this means that the plaintiff or petitioner will obtain all of the relief requested in the complaint.
Conclusion.
Summary judgment is appropriate when no genuine dispute of material fact exists and the moving party is entitled to judgment as a matter of law. The motion may be filed before and after requisite discovery. However, an early motion for summary judgment is often not encouraged. It is however advised you consult your local laws to ascertain the position of your local state judiciary.
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