Summary Judgment: When Courts Decide a Case Without a Trial

Last updated: 8 November 2026. Rule text is from Cornell’s Legal Information Institute (Federal Rules of Civil Procedure 12 and 56) and the Ministry of Justice site (Civil Procedure Rules Part 24). Case law is from the Supreme Court opinions cited. Statistics are from Federal Judicial Center studies published in 2007. Local rules and individual judges’ practices vary, so check them before you file.

Short answer: Summary judgment lets a court decide a claim, or part of one, without a trial. Under Federal Rule of Civil Procedure 56 the court must grant it if there is “no genuine dispute as to any material fact” and the movant “is entitled to judgment as a matter of law”. Unless a local rule or order says otherwise, either side can file until 30 days after discovery closes.

Key takeaways

• The question is not who has the better evidence but whether a reasonable jury could find for the non-moving party.
• Every factual assertion must cite the record, such as depositions, documents, declarations or admissions. Many courts also require a numbered statement of undisputed facts.
• A party that needs more discovery to oppose the motion can ask for time under Rule 56(d), with a declaration explaining why.
• In England and Wales the equivalent is CPR Part 24, revised from 1 October 2023. The test there is whether a party has “no real prospect” of success and there is no other compelling reason for a trial.

What is summary judgment?

Summary judgment ends a claim or defence before trial because there is nothing left for a jury to decide on the facts. The judge does not weigh the evidence or decide whom to believe, but asks whether the evidence gathered leaves any real factual dispute that matters to the outcome.

The standard is in the first lines of Federal Rule of Civil Procedure 56: “The court shall grant summary judgment if the movant shows that there is no genuine dispute as to any material fact and the movant is entitled to judgment as a matter of law.”

Two words do most of the work:

• Material. A fact is material if it “might affect the outcome of the suit under the governing law”. Disputes about irrelevant details do not count.
• Genuine. A dispute is genuine if “the evidence is such that a reasonable jury could return a verdict for the nonmoving party”. A bare denial or a theory without evidence does not create one.

It sits between the motion to dismiss, which tests the complaint, and trial. For the order of events in a civil case, our guide on how to sue someone sets out the stages from filing to judgment. On a court docket the motion usually appears as “MSJ”; our guide to court docket abbreviations decodes the rest.

What does Rule 56 actually require?

• Rule 56(a): what can be decided. A party may move on a whole claim or defence “or the part of each claim or defense”. That is the basis for partial summary judgment.
• Rule 56(b): timing. “Unless a different time is set by local rule or the court orders otherwise, a party may file a motion for summary judgment at any time until 30 days after the close of all discovery.”
• Rule 56(c): support. A party saying a fact is or is not disputed must cite “particular parts of materials in the record”, such as depositions, documents, declarations, admissions or interrogatory answers, or show that the other side’s materials do not establish the fact.
• Rule 56(c)(4): affidavits and declarations. These must be made on personal knowledge, set out admissible facts and show the witness is competent to testify. Federal law (28 U.S.C. § 1746) lets an unsworn declaration signed under penalty of perjury stand in for a sworn affidavit.
• Rule 56(d): facts unavailable to the nonmovant. If the opposing party shows by affidavit or declaration that, “for specified reasons, it cannot present facts essential to justify its opposition”, the court may defer or deny the motion, allow more time or discovery, or make another order.
• Rule 56(e) to (h). A fact not properly addressed may be treated as undisputed. A court that denies part of a motion can still treat undisputed facts as established, and a declaration made in bad faith or solely for delay can lead to costs and sanctions.

The 2010 amendments changed “genuine issue” to “genuine dispute”, but the Advisory Committee’s note says “the standard for granting summary judgment remains unchanged.”

What did the 1986 Supreme Court trilogy decide?

Three 1986 decisions still shape every federal summary judgment motion. A Federal Judicial Center study notes that summary judgment is widely regarded as an underused device that this trilogy “revitalized”.

Celotex also said that summary judgment is properly regarded “not as a disfavored procedural shortcut, but rather as an integral part of the Federal Rules as a whole”. The movant first identifies the parts of the record showing no genuine dispute; the nonmovant must then point to evidence of a real one.

Anderson protects the nonmovant too. Justice White wrote that weighing evidence and judging credibility are jury functions, and that “the evidence of the non-movant is to be believed, and all justifiable inferences are to be drawn in his favor.” Matsushita applied the standard to an antitrust conspiracy claim.

How often is summary judgment filed and granted?

The best published federal figures are older Federal Judicial Center (FJC) studies, and no newer national figure was found.

• The FJC’s Trends in Summary Judgment Practice: 1975 to 2000 (2007), based on 15,000 docket sheets in six district courts, found that the share of cases with a summary judgment motion rose from about 12% in 1975 to 17% in 1986 and then held at about 19%. It found no statistically significant change in motion outcomes over time, which the authors said questions the idea that the trilogy caused a big expansion.
• An FJC memorandum on fiscal year 2006, covering 179,969 terminated cases in 78 districts, estimated about 17 motions for every 100 cases, with about 60% granted in whole or in part. In employment discrimination cases the figure was over 70%. About 9% sought partial summary judgment.

Treat these as a rough, dated picture: a grant “in whole or in part” can be a narrow win on one claim.

How do you build a summary judgment motion?

Start with the elements, not the evidence. Under Celotex a defendant can win by showing the plaintiff has no evidence on one essential element, so pick the elements the record leaves undisputed.

1. Read the local rules and the judge’s practices. In the Southern and Eastern Districts of New York, Local Civil Rule 56.1 requires “a separate, short, and concise statement, in numbered paragraphs, of the material facts as to which the moving party contends there is no genuine issue to be tried”, and failing to submit one “may constitute grounds for denial of the motion.”
2. Write the statement of undisputed facts first. One fact per paragraph, each followed by a citation to admissible evidence, as the joint SDNY and EDNY local rules require.
3. Assemble the record. Deposition excerpts, documents, interrogatory answers, admissions and declarations from witnesses with personal knowledge, each in a form that would be admissible, since the other side can object under Rule 56(c)(2). Our piece on eDiscovery and AI covers how firms organise large document sets.
4. Write the brief around the law. Explain why the undisputed facts entitle your client to judgment under the governing law.

How do you oppose a summary judgment motion?

• Answer every numbered fact. Under the SDNY and EDNY rule, each of the movant’s facts “will be deemed to be admitted” unless “specifically denied and controverted” in a matching paragraph, with a citation to admissible evidence. Add your own numbered facts that show a genuine issue for trial.
• Use Rule 56(d) early if you need discovery. The rule requires an affidavit or declaration giving “specified reasons” why you cannot yet present the facts you need.
• Point to conflicts in the evidence. Credibility is for the jury, so competing sworn accounts on a material fact should defeat the motion.
• Do not rely on the pleadings. Once the movant has met its burden, you must show evidence, not repeat allegations.

Motion to dismiss vs summary judgment: what is the difference?

The plausibility standard comes from Ashcroft v. Iqbal (2009). Our guide to the motion to dismiss covers Rule 12 timing and defences.

What happens after the ruling?

A grant that disposes of the whole case is a final judgment that can be appealed. A partial grant usually cannot be appealed straight away: the 1946 Advisory Committee note calls it “merely a pretrial adjudication” of issues for trial.

A denial is normally not appealable either, and under Ortiz v. Jordan (2011) a party “may not appeal a denial of summary judgment after a district court has conducted a full trial on the merits”. Dupree v. Younger (2023) carved out purely legal issues, holding unanimously that a post-trial Rule 50 motion “is not required to preserve for appellate review a purely legal issue resolved at summary judgment.”

How does summary judgment work in England and Wales?

The equivalent is Part 24 of the Civil Procedure Rules. The Civil Procedure (Amendment No. 3) Rules 2023 replaced Part 24 with a revised version, in force from 1 October 2023, as part of a programme to simplify the rules and practice directions.

• The test (rule 24.3). The court may give summary judgment against a claimant or defendant on a whole claim or an issue if “the party has no real prospect of succeeding on the claim, defence or issue” and “there is no other compelling reason why the case or issue should be disposed of at a trial.”
• Who it applies to (rule 24.2). Claimants and defendants alike, except defendants in certain residential possession claims.
• Timing (rule 24.4). A claimant usually cannot apply until the defendant has filed an acknowledgment of service or a defence, unless the court gives permission. The respondent must get at least 14 days’ notice of the hearing and the issues to be decided.
• Evidence (rule 24.5). Written evidence in response must be served at least 7 days before the hearing, and reply evidence at least 3 days before.

The courts read “real prospect” using principles collected in Easyair Ltd v Opal Telecom Ltd [2009] EWHC 339 (Ch) and later approved by the Court of Appeal: the prospect must be “realistic” rather than “fanciful” (Swain v Hillman), and the court must not conduct a “mini-trial”, though it need not accept assertions contradicted by contemporaneous documents.

Frequently asked questions

What is summary judgment in simple terms?

It is a court ruling that decides a claim, or part of one, without a trial because the key facts are not in genuine dispute. The judge applies the law to the undisputed facts.

When can you file a motion for summary judgment?

Under Federal Rule 56(b), at any time until 30 days after the close of all discovery, unless a local rule or court order sets a different time. A scheduling order often sets its own deadline.

What is a genuine dispute of material fact?

A fact is material if it could change the outcome under the governing law. A dispute is genuine if the evidence would allow a reasonable jury to find for the party opposing the motion. Speculation or a scintilla of evidence is not enough.

What is partial summary judgment?

It is summary judgment on part of a case, such as one claim, one defence or one element like liability. Rule 56(a) allows it expressly. It narrows the trial and is usually not appealable until the case ends.

Can you appeal the denial of summary judgment?

Usually not right away, because a denial is not a final decision. After a full trial, a denial based on the sufficiency of the evidence cannot be appealed, but a purely legal issue decided at summary judgment can be raised on appeal without a post-trial motion.

What is the summary judgment test in England and Wales?

Under CPR rule 24.3 the court may give summary judgment if a party has no real prospect of succeeding on the claim, defence or issue and there is no other compelling reason for a trial. A real prospect means realistic rather than fanciful.

This article is general information about civil procedure as of 8 November 2026. It is not legal advice. Federal and state courts, individual judges and the courts of England and Wales have their own rules and deadlines, so check the rules that apply to your case or speak to a qualified lawyer.

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