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Is a Summary Judgment A Good Thing? Either a defendant or a plaintiff can request a summary judgment. Although a summary judgment is a favorable result for the motioning party, it can be detrimental for the opponent.
The motion may be made at any time after 60 days have elapsed since the general appearance in the action or proceeding of each party against whom the motion is directed or at any earlier time after the general appearance that the court, with or without notice and upon good cause shown, may direct.
A motion asking the court to issue summary judgment on at least one claim. If the motion is granted, a decision is made on the claims involved without holding a trial.
While a summary judgment motion is not a substitute for trial, it is a tool that allows courts to weed out cases that do not need a trial to be resolved. It also allows the court to simplify and streamline the case so that trial is more efficient and focused on the areas of actual dispute.
What Is a Summary Judgment? A summary judgment is a decision made based on statements and evidence without going to trial. Its a final decision by a judge and is designed to resolve a lawsuit before going to court.
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Summary jury trials are used primarily with cases that resist other pretrial settlement methods and are sufficiently complex to require a lengthy full trial. The dynamics of the controversy, more than substantive legal issues, determine whether or not cases are suitable for summary jury trials.
Summary judgment is an application that can be brought during proceedings if one party believes that it has an overwhelmingly strong case. Essentially, a party can obtain summary judgment if it is able to clearly demonstrate that its opponent has no real prospect of succeeding in the litigation.
While a summary judgment motion is not a substitute for trial, it is a tool that allows courts to weed out cases that do not need a trial to be resolved. It also allows the court to simplify and streamline the case so that trial is more efficient and focused on the areas of actual dispute.
Judges can grant summary judgment where the responding party has no real prospect of successfully bringing or defending its claim, and there is no other compelling reason why the matter should be heard at a full trial.
A Motion for Summary Judgment can be filed by any party in a lawsuit (defendant or plaintiff) who wants the Court to enter a final judgment on all or some of the parties claims or defenses before trial.

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