Summary Judgment: How It Works and How to Oppose It

10 min • Court Procedures

Summary judgment is a procedural device that allows a court to decide a case — or specific issues — without a trial when there is no genuine dispute of material fact. Governed by Rule 56 of the Federal Rules of Civil Procedure, summary judgment is appropriate when '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 landmark case of Celotex Corp. v. Catrett, 477 U.S. 317 (1986), established that the moving party doesn't need to produce evidence negating the opponent's claim — it can simply point out that the non-moving party lacks sufficient evidence. However, the Supreme Court clarified in Anderson v. Liberty Lobby, Inc., 477 U.S. 242 (1986), that courts must view all evidence in the light most favorable to the non-moving party.

To oppose summary judgment, the non-moving party must go beyond the pleadings and present specific facts — through affidavits, deposition transcripts, documents, or other evidence — showing a genuine dispute for trial. Unsupported allegations or denials are insufficient. This is the time to put your evidence into the record. If you fail to properly oppose summary judgment, the court may grant it and end your case without trial.

The 'materiality' standard means the disputed fact must affect the outcome of the case. A 'genuine' dispute means a reasonable jury could return a verdict for the non-moving party based on that evidence. The Supreme Court emphasized in Scott v. Harris, 550 U.S. 372 (2007), that when video evidence clearly contradicts a party's version of events, courts should view the facts in the light depicted by the video.

Timing: under Rule 56(b), a party may file a motion for summary judgment at any time until 30 days after the close of discovery, unless a different time is set by local rule or court order. The non-moving party typically has 21 days to respond. Many cases are resolved at the summary judgment stage, making it one of the most critical junctures in civil litigation.

Key Takeaways

• Summary judgment ends a case without trial when no material facts are disputed
• The moving party can point to a lack of evidence (Celotex standard)
• To oppose: present specific evidence — not just denials — showing a genuine dispute
• Courts view evidence in the light most favorable to the non-moving party
• Most civil cases are resolved at or before summary judgment — prepare thoroughly

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