A motion for summary judgment asks the court to decide a lawsuit without going to trial because there is no dispute about the key facts of the case.  A case must go to trial because parties do not agree about the facts.  When the parties agree upon the facts or if one party does not have any evidence to support its version of what actually happened, the court can decide the issue based on the papers that are filed by the parties.

When the plaintiff files a motion for summary judgment, the goal is to show that the undisputed facts prove that the defendant violated the law.  When defendants file a motion for summary judgment, the goal is to show that the undisputed facts prove that they did not violate the law.  The overwhelming majority of summary judgment motions are filed by defendants.  Successful summary judgment motions brought by plaintiffs are uncommon.

Rule 56 of the Federal Rules of Civil Procedure governs summary judgment motions. Federal Rules of Civil Procedure Link

Factors to Consider in Planning to Make or Defend a Summary Judgment Motion:

1.   A motion for summary judgment can address the whole lawsuit or it can address one or more individual claims.

2.   If the summary judgment motion addresses the whole lawsuit, and the court grants summary judgment, the lawsuit is over.

3.   Summary judgment will only be granted if under the evidence presented, a jury could not reasonably find in favor of the opposing party.

4.   The court considers all of the admissible evidence from both parties.
 

The procedure for filing and defending a motion for summary judgment is set out in Local Rule 56.1.