Summary Judgment

Summary judgment is one of the ways in which the pretrial termination may occur. In federal courts, summary judgment is governed by Rule 56 of the Federal Rules of Civil Procedure. State courts have procedural rules governing summary judgment as well. Summary judgment is a procedural device that allows a court to grant a judgment on the merits for a party as to part or all of the claims asserted. Granting a summary judgment motion might seem at odds with the right to a trial by jury provided in the Seventh Amendment of the US Constitution. One benefit of summary judgment is that it disposes of litigation before a possible costly and time- consuming trial, conserving the parties' and the court's resources. The potential for losing the case at the pretrial stage arguably encourages the parties to determine actively all of the underlying material facts and be prepared to challenge the motion should it be brought.