What is A Motion For Summary Judgement?

In civil proceedings, there are various strategies and procedural tools you can use to win a case. One vital procedural tool is a motion for summary judgment, which allows the court to make a final determination in the case without a bench trial or jury trial. While this avenue exists, you must understand that it’s extremely complex. Parties must comply with strict procedural rules and make sound arguments to obtain favorable outcomes. 

What Is a Summary Judgment?

A summary judgment motion allows the court to issue a final judgment as a matter of law in favor of any party in the case – it is a final decision made by a court in a civil action without a bench trial or jury trial. A summary judgment motion can be granted when the court determines that:

1. There are no genuine issues of material fact in dispute between the parties.
2. The moving party is entitled to judgment as a matter of law.

In other words, summary judgment is a ruling made by a judge based on the evidence and legal arguments presented in the motion for summary judgment papers. The motion for summary judgment is the procedural filing used to request that the Court enter judgment as a matter of law.

Rule 56 of the Massachusetts Civil Procedure Rules regulates summary judgment in Massachusetts. According to this procedural rule, claimants seeking recovery can file a motion 20 days after the lawsuit commences. Claimants may also make a motion for summary judgment if they are served with a motion for summary judgment by the adverse party. However, this deadline may be shorter than 20 days. A defending party may move for summary judgment at any time.

The party filing the motion may support it with any or all of the following:

1. Supporting affidavits
2. Pleadings
3. Interrogatory answers
4. Depositions

The nonmoving party can oppose the motion, demonstrating that genuine factual issues exist. Depending on the facts of the case, the court may grant partial or complete summary judgment. In partial summary judgment, the judge rules on some issues and leaves others for trial. In complete summary judgment, the judge makes a determination on all the issues in dispute. The decision is final, although the losing party can appeal. In the Massachusetts Superior Court system, a motion for summary judgment must also comply with Massachusetts Superior Court Rule 9A.

What Is the Purpose of a Motion for Summary Judgment?

The procedure of summary judgment serves two primary purposes:

1. Avoiding Unnecessary Trials

Motions for summary judgment allow parties to obtain swift resolution without needing a full trial. The filing party demonstrates to the court that there are no genuine issues of material facts in disputes and that, based on the law and the evidence presented, they are entitled to judgment as a matter of law. This helps prevent unnecessary trials, saving the parties and the court time and expense. A motion for summary judgment also helps limit risk on certain matters, especially where a trial would involve many trial witnesses.

2. Clarifying Legal Standing and Legal Rights

Summary judgment allows the court to clarify the parties’ legal standing and legal rights. The parties also ascertain the strength of either’s evidence, helping them assess the sufficiency of their claims or defenses. The outcome of a motion for summary judgment can significantly impact a case. It may resolve all claims outright or limit claims or issues to be resolved at trial. A failed motion for summary judgment may also encourage the moving party to settle, as the costs of litigation for both sides can increase substantially if a trial is involved.

What Are the Key Components of a Motion for Summary Judgment?

The moving party must establish that no genuine issues of material fact are in dispute. They must also demonstrate that they are entitled to judgment as a matter of law. In doing so, it’s crucial to understand the rules regarding the burden of proof.

The burden of proof is a party’s duty to produce evidence to prove their claim. In civil matters, which include summary judgment, the standard of proof required is based on a preponderance of evidence. In other words, your evidence must demonstrate that your claim is more likely to be true. The court evaluates all evidence in a motion for summary judgment in the way most favorable to the nonmoving party.

There are two essential aspects of the burden of proof. These are:

• The burden of production: Refers to the burden on a party to produce or show the absence of evidence.
• The burden of persuasion: Refers to a party’s obligation to convince the trier of facts that the existence of a fact is more probable than its absence.

Generally, the moving party (i.e. the party filing the summary judgment motion) bears the burden of proof to sustain their motion arguments. They can meet the requirements of the burden of production by presenting evidence to negate an essential element of the nonmoving party’s claim or defense. Alternatively, they can demonstrate that the nonmoving party lacks sufficient evidence to persuade the trier of facts on an essential element at trial.

If the moving party fails to meet its initial burden of production, the court can deny the summary motion without the nonmoving party producing any evidence. However, if the moving party produces sufficient evidence, the burden shifts to the nonmoving party. If the nonmoving party fails to produce evidence to demonstrate the existence of a genuine issue of material fact, the moving party wins.

Parties must present evidence to succeed in granting or denying a motion for summary judgment. Nonmoving parties must craft compelling opposition. Otherwise, they risk losing the opportunity to prove their case at trial. Nonmoving parties must produce counter-evidence to contradict the moving party’s assertions and file strong affidavits to support their claim or defense.

Drafting a compelling opposition requires skill. The approach can also vary depending on the facts, but the following tips could help you:

1. Show that the motion fails to identify the material facts that are not disputed.
2. Show the lack of legal authority in support of the motion.
3. Show that a dispute exists on material facts.
4. If you are the defendant, show that an affirmative defense remains viable.

Filing Procedures for a Motion for Summary Judgment

The procedures for filing a motion for summary judgment in Massachusetts vary depending on whether the case is in state or federal court. Additionally, different court  have standing orders for certain aspects of the process and rules for motion filings such as Massachusetts Superior Court Rule 9A, which applies in Massachusetts Superior Court. It’s best to consult an attorney to determine the requirements for your particular situation.

In general, you will draft a motion, a memorandum of law stating why the court should grant your motion, and prepare an affidavit presenting the facts on which the motion is based. You will file this motion with the court and serve it to the other parties involved.

The challenging parties may prepare a memorandum in opposition stating why the court should deny the motion. They may also file a cross-motion for their own summary judgment.

Practical Implications for Legal Professionals and Business Owners

Summary judgment can have significant practical implications for legal professionals and business owners:

• Efficiency: Summary judgment can save time and money by resolving cases or certain issues quickly without the need for a full trial.
• Cost savings: Summary judgment can reduce litigation costs, such as attorney fees and filing expenses.
• Case strategy: Summary judgment requires a thorough understanding of the legal issues and evidence in a case. Legal professionals must strategically assess if the motion is appropriate and prepare persuasive arguments to succeed.

Contact Calabrese Law Associates for Professional Assistance

Calabrese Law Associates provides professional legal services to business owners in Massachusetts. Our lawyers are knowledgeable in commercial litigation and have years of experience in the industry. We dedicate time to understanding your case and providing tailored solutions. If you need help filing or opposing a motion for summary judgment, contact us now!

This publication and its contents are not to be construed as legal advice nor a recommendation to you as to how to proceed. Please consult with a local licensed attorney directly before taking any action that could have legal consequences. This publication and its content do not create an attorney-client relationship and are being provided for general informational purposes only.

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