Have you been told that your case could be resolved through summary judgment? If so, you may wonder what that is and how it could affect the outcome. Below, we explain how summary judgment works, when it may apply, and what the process typically looks like.
What is Summary Judgment?
A summary judgment is a decision made by a judge before a case goes to trial. Instead of hearing the matter in a courtroom, the judge reviews the evidence to determine whether any important facts are still in dispute. If they are not, the judge may issue a ruling without a trial.
Courts grant summary judgment when there is no genuine issue of material fact and the law clearly favors one side.
Who Can File a Motion for Summary Judgment?
Whether they’re the defendant or the plaintiff, either party in a lawsuit can file a motion for summary judgment. However, in personal injury cases, defendants are often more likely to file these motions.
The party requesting summary judgment must show that there are no material facts in dispute and that the law supports a ruling in their favor. When reviewing the motion, the court considers the evidence in the light most favorable to the opposing party.
Courts tend to disfavor summary judgment in negligence cases because these claims often involve disputed facts that must be decided by a jury.
What Evidence Can Be Used?
The evidence used to support a motion for summary judgment must generally be verified and authenticated. Common examples include:
- Deposition transcripts
- Signed affidavits
- Pleadings and court filings, such as the complaint or answers to interrogatories
An Indiana personal injury attorney can help you determine what evidence may be necessary to support your claim.
What Are the Pros and Cons of Summary Judgment?
If your attorney tells you that your case may be resolved through summary judgment, you may wonder whether that’s good or bad.
One advantage of summary judgment is that it is often quicker and less expensive than going to trial. It may also help both sides avoid the stress and uncertainty of a courtroom proceeding when the facts aren’t disputed.
In many situations, a party requests summary judgment because they believe the evidence strongly supports their position.
For example, suppose you are suing a doctor for medical malpractice. If the medical review panel determines that the doctor breached the standard of care and caused your injuries, the defense may need to present testimony from another medical expert to dispute those findings. Without evidence contradicting the panel’s conclusion, the court may decide that summary judgment is appropriate.
On the other hand, a defendant may also seek summary judgment if they believe the evidence supports their defense. For example, if the medical review panel finds in favor of the doctor, the plaintiff may need to provide testimony or an affidavit from another expert supporting their malpractice claim. Without that evidence, the judge may grant summary judgment before the matter reaches trial.
What Does the Summary Judgment Process Look Like?
Generally, the summary judgment process involves five steps:
1. File a Motion for Summary Judgment
The process begins when one party files a motion for summary judgment with the court. The motion usually includes evidence and legal arguments explaining why the judge should rule in that party’s favor without a trial.
In many cases, the court will schedule a hearing and notify both parties.
2. Respond to the Motion
After a motion for summary judgment is filed, the opposing party typically has 30 days to respond. In the response, they may present evidence and argue that important facts are still disputed, making summary judgment inappropriate.
3. The Hearing Date
If the court schedules a hearing, both parties will present their arguments before the judge and explain why summary judgment should or should not be granted.
In many cases, the judge will take the matter under advisement, meaning a decision will not be issued the same day.
4. The Judge Reviews the Evidence
After reviewing the evidence and arguments presented by both sides, the judge will decide whether summary judgment should be granted.
In some cases, it may take several months for the court to issue a ruling. Decisions in federal court often take even longer, and it is not uncommon for a ruling to take six months or more.
5. The Judge Issues a Decision
If the judge grants summary judgment, part or all of the matter may be resolved without a trial.
If the motion is denied, the lawsuit will continue through the normal litigation process. In many cases, the parties may also be ordered to attend mediation in an attempt to resolve the dispute before trial. If mediation is unsuccessful, the matter will proceed to trial.
Contact a Personal Injury Attorney Today
If you’ve been injured or are facing a complex legal matter, reach out to Wilson Kehoe Winingham Injury Lawyers to schedule a free initial consultation. Our team serves clients across Indianapolis and throughout Indiana, and we’re ready to pursue the justice and full compensation you deserve.