Legal Memorandum: Summary Judgment

Issue: Under Rule 56 of the Federal Rules of Civil Procedure, when may a party seek summary judgment?

Area of Law: Litigation & Procedure
Keywords: Summary judgment; No genuine dispute as to any material fact; Judgment as a matter of law
Jurisdiction: Federal
Cited Cases: None
Cited Statutes: Fed. R. Civ. P. 56, 56(a); L.R. 56.1
Date: 04/01/2014

Under Fed. R. Civ. P. 56,

a party may move for summary judgment, identifying each claim or defense — or the part of each claim or defense — on which summary judgment is sought. 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.

Fed. R. Civ. P. 56(a).  “Every motion for summary judgment shall be accompanied by a separate, short and concise statement of the material facts as to which the moving party contends there is no genuine issue to be tried.”  L.R. 56.1.  “The party moving for summary judgment is initially responsible for demonstrating the reasons justifying the motion for summary judgment by identifying portions of pleadings and discovery that show the lack of a genuine issue of material fact for trial.  The court must deny the moving party’s motion for summary judgment if the movant fails to meet this burden.”  Poole v. Gorthon Lines AB, 908 F. Supp. 2d 778, 780 (W.D. La. 2012) (citations omitted).


Subscribe to Litigation Pathfinder

To get the full-text of this Legal Memorandum ... and more!

(Month-to-month and annual subscriptions available)