A motion for summary judgment is a legal tool that can resolve a case without any witnesses appearing at trial. It’s appropriate when the only facts that count can yield only one legal conclusion: victory for the moving party! It’s as cool as a cucumber to win like that. Or maybe as hot as a tamale! You submit some papers and get a judgment in your favor. Many clients want summary judgment, and many lawyers like drafting motions for summary judgment because they are expensive, and, of course, the more complicated, the better for the lawyer! Not true for the client.
When drafting a motion for summary judgment, it’s important to remember that every case is unique. The specific facts and laws involved will affect your argument. Thus, it’s usually a good idea to file your motion after discovery of all the relevant facts is complete because most motions for summary judgment rely on the evidence gathered during the discovery and investigative processes. The court might deny your motion or give your opponent more time if they say they need more discovery to fight your motion.
Also, remember that lawyers like to argue. They like to identify many facts which they claim are beyond dispute. The problem is they rarely are. The key to winning a motion for summary judgment is to cut through the chaff. A single clear shot to the bull’s eye. Scattershot will anger the judge. Thus, a good lawyer needs, and should take, the time to think strategically and incisively. It is not easy to make a simple argument. Blunderbuss is easier.
What is the Purpose of a Motion for Summary Judgment?
Summary judgment serves two main purposes:
1. Avoiding Unnecessary Trials
Motions for summary judgment can help cases end faster without a full trial. The party filing the motion shows the court that there are no real disagreements about the facts that matter, and that the moving party should win based on merely applying clear law to those facts. This can save time and money for everyone involved. It can also help limit risks, especially in cases with many witnesses and jurors who may not feel like listening to all the back and forth.
2. Clarifying Legal Rights
Summary judgment helps courts determine if parties have a legal right to proceed with their case and helps the parties understand how strong their claims or defenses are. The outcome of a summary judgment motion can significantly affect a case. It might resolve the entire case, limit certain claims, or encourage the parties to settle.
Closing Remark
In civil cases, you can use different strategies to win. One strategy is drafting a strong motion for summary judgment. This lets a judge decide the case without a trial. It’s important to strictly follow all the rules and make a clear, strong argument. The best summary judgment motions are simple. That is where the thinking meditative lawyer excels: quiet simplicity. A barking pit bull may get more attention, but a quiet, even sneaky, hound will more often take the bone on summary judgment.
If you need legal help, the team at Jonathan Lee Borsuk PC can assist you. We’ll carefully review your case and offer personalized solutions. If you need help with a motion for summary judgment, call us at (424) 293-8100. Please note that this blog is for general informational purposes only and does not constitute the rendering of any legal advice. Please do not rely upon anything in this blog in your dealings, transactions, or businesses. No attorney-client relationship is created or offered by this blog. Thank you. We wish you a pleasant week and a victorious year.
