Summary Judgment Motion Against Dublin - Department of Justice 2025

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A motion for summary judgment is 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.
Therefore, to win on summary judgment you have to convince a judge that it is a good use of his or her very limited time and resources to write the decision. This means that your written material has to demonstrate that the law and facts support summary judgment, and contain no misstatements of law or fact.
The judge will decide after the Court considers the evidence from the motion and hearing. It can take several months for a judge to issue an order. In federal court, the judges ruling often takes much longer, and it is not uncommon for judges to wait six or more months for their decision.
Rule 56(c)(4) provides that a formal affidavit or a written unsworn declaration that complies with 28 U.S.C. 1746 can be used to support or oppose a motion for summary judgment.
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. The court should state on the record the reasons for granting or denying the motion.
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In a civil case, when someone files a motion for summary judgment, they are asking the court not to go to trial but instead issue a summary judgment. If the court grants the motion, a judgment will be entered into the case, and it will not go to trial.
One rule of thumb when it comes to summary judgment is, The thicker the motion, the more likely it is to be denied. In order to grant summary judgment, the typical trial court judge wants to be able to quickly understand the facts and see that those facts are supported by relevant documents, affidavits, or testimony.

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