Summary Judgment Motions: A Complete Guide for Paralegals

Understanding Summary Judgment in Civil Litigation

A motion for summary judgment is one of the most important procedural tools in civil litigation. It allows a party to win the case, or at least narrow the issues for trial, without going through the time and expense of a full trial. For paralegals, understanding how summary judgment works and how to support the attorney in preparing these motions is a critical litigation skill.

What Is Summary Judgment?

Summary judgment is a procedural device under Federal Rule of Civil Procedure 56 (and similar state rules) that allows a court to resolve a case or specific claims without trial when there is no genuine dispute of material fact and the moving party is entitled to judgment as a matter of law.

The purpose of summary judgment is efficiency. If the undisputed facts demonstrate that one party must win as a matter of law, there is no need for a trial. The court does not weigh evidence or make credibility determinations at the summary judgment stage; instead, it views all evidence in the light most favorable to the nonmoving party.

The Legal Standard

To prevail on a motion for summary judgment, the moving party must show that:

• There is no genuine dispute as to any material fact, and
• The moving party is entitled to judgment as a matter of law

A fact is "material" if it could affect the outcome of the case under the applicable substantive law. A dispute is "genuine" if a reasonable jury could find for the nonmoving party based on the evidence. The landmark Supreme Court cases that define the summary judgment standard are Celotex Corp. v. Catrett (1986), Anderson v. Liberty Lobby, Inc. (1986), and Matsushita Electric Industrial Co. v. Zenith Radio Corp. (1986).

Components of a Summary Judgment Motion

A motion for summary judgment typically includes several components:

Notice of motion: A formal document that identifies the motion, the hearing date, and the specific claims or defenses on which summary judgment is sought.

Memorandum of law: The legal brief that presents the argument for why summary judgment should be granted. It sets forth the legal standard, applies the undisputed facts to the law, and explains why the moving party is entitled to judgment.

Statement of undisputed material facts: A numbered list of factual assertions that the moving party contends are undisputed, with citations to specific evidence in the record (depositions, documents, affidavits, interrogatory responses).

Supporting evidence: The evidentiary materials that support the factual assertions, filed as exhibits. These may include deposition transcripts, affidavits or declarations, documents produced in discovery, interrogatory answers, and admissions.

Opposing Summary Judgment

The party opposing summary judgment must demonstrate that a genuine dispute of material fact exists. The opposition typically includes:

• A response to the moving party's statement of facts, admitting or denying each fact with citations to evidence
• A statement of additional material facts that the opposing party contends are disputed
• An opposition memorandum of law arguing why summary judgment should be denied
• Supporting evidence, including affidavits, deposition excerpts, and other discovery materials

The opposing party cannot simply rely on the allegations in the pleadings; it must come forward with specific evidence showing a genuine dispute.

The Paralegal's Role in Summary Judgment Practice

Paralegals are deeply involved in summary judgment preparation. Key tasks include:

• Organizing the factual record by creating a comprehensive database of deposition testimony, document evidence, and discovery responses relevant to each element of the claims
• Drafting the statement of undisputed material facts and locating supporting citations
• Preparing exhibit volumes with accurate Bates-numbered references
• Reviewing the opposing party's motion and identifying factual disputes supported by evidence in the record
• Researching case law on the summary judgment standard and the substantive legal issues
• Proofreading and cite-checking the memorandum of law

Prepare for Civil Litigation Questions

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