What is 'Summary Judgment'?
A request for a judge to decide a case without a full trial.
A summary judgment motion is a specific type of motion, usually filed by the employer, asking the judge to dismiss some or all of your claims without a trial. The employer argues that no important facts are in dispute and that the law entitles it to win.
Why it matters to you
This is one of the most important moments in an employment case. Employers file these motions routinely, so receiving one does not mean your case is lost. It means the judge will now take a hard look at the evidence gathered in discovery.
We file a detailed written response opposing the motion, showing the judge the facts that are genuinely disputed. The judge may hold a hearing, then issue a written ruling. That commonly takes several months, and this quiet stretch is a normal part of the process, not a bad sign. Cases that survive summary judgment often gain settlement leverage.
An example from an employment case
In a retaliation case, the employer might argue there is no evidence linking your complaint to your firing. Our response might point to the two-week gap between the two events and your manager's emails, showing a jury could reasonably find retaliation. If the judge agrees, the case continues.
Every case is different. Ask your legal team how this applies to yours.
Related terms
Motion, Hearing, Trial, Appeal
Still have questions? Your legal team is happy to help. Message us through the client portal or call the office, and we will point you to the right person.