What Evidence Does a Judge Consider in Summary Judgment Motions?

The process of summary judgment is a critical stage in civil litigation, often determining whether a case will proceed to trial. In most cases, no new evidence is required by the judge during this stage; instead, the court relies on the previously submitted evidence and pleadings from both parties.

Overview of Summary Judgment and Its Stages

After the close of formal discovery, a party may file a summary judgment motion (MSJ). During this discovery phase, the following forms of evidence may be obtained:

Depositions of fact witnesses. Expert witnesses providing written reports and being deposed. Written interrogatories submitted to the opposing party. Request for the production of documents related to the case. Request for an independent medical exam if the judge deems it necessary. Requests for admissions of factual matters within the scope of pretrial discovery.

Upon filing an MSJ, the moving party includes a written memorandum of law and any submitted discovery materials. The opposing party then has the opportunity to file a response, often including their own memorandum of law and additional relevant discovery materials.

Role of Evidence in Summary Judgment

The judge must determine whether there is a genuine issue of material fact that requires a trial. If all allegations in the complaint are insufficient to support a judgment even upon being proven true, the judge should grant the summary judgment. Conversely, if the allegations would support a judgment if proven true, the case proceeds to trial.

Personal Experience and Case Management

Having worked for a federal trial judge for four years, I can attest to the typical MSJ process. Parties often submit between 200 to 400 pages of written discovery materials, including depositions and expert reports, to build their cases.

Conclusion

Summary judgment is a vital tool in the civil litigation process, allowing the court to efficiently weed out cases where there is insufficient evidence to proceed to trial. Understanding the types of evidence considered and the procedural requirements is crucial for attorneys and judges alike in ensuring justice is served.