What a motion for summary judgment is and why defendants file it
A motion for summary judgment is a request to the court to dismiss your premises liability case before trial, on the grounds that no genuine dispute of fact exists—meaning the defendant argues the law is on their side even if everything you say is true. The defendant's lawyer files this motion after both sides have exchanged documents and evidence (called discovery) but before a jury ever hears the case.
Defendants file these motions because a trial is expensive and unpredictable. If the judge agrees that the law does not require the defendant to pay you damages based on the facts in the case, the motion succeeds and your case ends. If the judge disagrees, the case moves forward to trial. Understanding what happens at this stage matters because it determines whether you get a chance to present your case to a jury or whether a judge decides the case on paper.
In premises liability cases, defendants often argue through a summary judgment motion that they owed you no duty of care, that they did not breach any duty, or that their breach did not cause your injury. The specific argument depends on the facts of your case and the law in your state.
Key Takeaways
- A motion for summary judgment asks the judge to dismiss your case before trial by arguing the law favors the defendant even if all your facts are true.
- The defendant must show that no reasonable jury could find in your favor based on the evidence both sides have presented.
- You have the right to file a written response (called an opposition) explaining why a jury should decide the case, not the judge.
- If the judge denies the motion, your case proceeds to trial; if granted, your case is dismissed and you lose the right to a jury trial on that claim.
- The strength of your evidence during discovery directly affects whether the judge will deny the motion and let your case go to trial.
How the defendant's burden works in a summary judgment motion
The defendant does not have to prove they are right. Instead, they must show that no reasonable jury could find in your favor based on the evidence in the case. This is a high bar in theory, but it matters how strong your evidence is in practice.
The defendant will point to documents, photographs, witness statements, and your own testimony (from a deposition, where you answered questions under oath) to argue that the facts do not support a premises liability claim. For example, in a slip-and-fall case, the defendant might argue that you cannot show they knew about the hazard, or that you were careless and caused your own fall. In a security negligence case, they might argue that the crime was unforeseeable or that no reasonable security measures would have prevented it.
The judge must view all evidence in the light most favorable to you—the non-moving party. That means the judge assumes your version of disputed facts is correct. Even so, if the judge concludes that the law does not require the defendant to compensate you under those facts, the motion succeeds.
What you need to do when the defendant files the motion
Your attorney will file a written response called an opposition to the motion for summary judgment. This document explains why a jury should decide the case, not the judge. The opposition cites evidence from discovery—your medical records, witness statements, photographs, informed reports, and deposition testimony—to show that reasonable people could disagree about the facts or that the law requires the defendant to pay you.
You may also be asked to submit a declaration (a sworn statement) describing what happened, what you saw, and how you were injured. This declaration becomes part of the court record and helps your lawyer argue that your account of events is genuine and material to the case.
The judge will usually set a important date for your opposition—often 14 to 21 days after the defendant files the motion, though this varies by court and state. Missing this important date can result in the judge granting the motion by default, so your attorney must track it carefully. After your opposition is filed, the defendant may file a reply brief, and then the judge will decide whether to hold a hearing or rule on the papers alone.
What evidence matters most in opposing the motion
The strength of your case at the summary judgment stage depends on what you gathered during discovery. Specific, concrete evidence beats general claims. For instance, in a slip-and-fall case, a photograph showing the hazard, a maintenance log showing the defendant knew about it, and a witness statement saying no warning sign was posted all work together to create a factual dispute that a jury should resolve.
informed testimony is often critical. A premises liability informed can testify that the defendant's security measures fell below industry standards, or that a reasonable property owner would have inspected the area where you fell. Medical records showing your injuries and treatment link your harm directly to the incident, which is essential to proving causation—that the defendant's breach caused your injury.
Depositions of the defendant, their employees, or witnesses can also undermine the defendant's motion. If the property manager admits during a deposition that they never checked the area where you fell, or that they received prior complaints about the same hazard, that testimony becomes evidence that contradicts the defendant's summary judgment argument.
How the judge decides the motion
The judge will review both the defendant's motion and your opposition, along with all attached evidence. Some judges hold oral arguments where both lawyers present their positions; others decide on the written briefs alone. The judge then issues a written order granting or denying the motion.
If the judge grants the motion, your case is dismissed. You lose the right to a jury trial on that claim, and the defendant owes you nothing under that theory of liability. You may have the right to appeal the decision to a higher court, but appeals are expensive and uncertain. Your attorney will advise you on whether an appeal makes sense.
If the judge denies the motion, your case survives and moves toward trial. The denial does not mean you will win at trial—it means the judge found that a jury could reasonably find in your favor based on the evidence. The case then proceeds through final preparation (called trial readiness) and eventually to a jury trial, where you and the defendant present your full cases.
Why the timing and quality of your evidence during discovery matters
Summary judgment motions are decided based on what both sides have discovered by that point. If your attorney did not conduct thorough discovery—requesting documents, taking depositions, and obtaining informed reports—the defendant's motion is more likely to succeed because the judge will have less evidence of your injuries and the defendant's negligence.
Conversely, if your attorney obtained strong evidence during discovery, the defendant faces a steeper climb in convincing the judge that no jury could find in your favor. This is why the discovery phase is not just a procedural step; it directly determines whether your case survives to trial.
Some defendants file summary judgment motions early, hoping to catch plaintiffs off guard or before evidence is fully developed. Your attorney should object if discovery is incomplete and ask the judge for more time. Courts often grant these requests because fairness requires both sides to have a full opportunity to gather evidence.
What happens if the motion is partially granted
A judge may grant the motion on some claims but deny it on others. For example, the judge might dismiss your claim that the defendant failed to warn you of a hazard, but allow your claim that they negligently maintained the property to proceed to trial. This is called a partial grant of the motion.
A partial grant narrows the scope of your case but does not end it. You will still go to trial, but only on the surviving claims. Your attorney will adjust the trial strategy to focus on the remaining theories of liability and the evidence that supports them.
Frequently Asked Questions
Can I lose my case at summary judgment even if I think I have strong evidence?
Yes. The judge applies the law to the facts and decides whether the law requires the defendant to compensate you. Even with strong evidence of what happened, if the law does not impose a duty on the defendant in your situation, the motion may be granted. This is why your attorney's legal arguments matter as much as your evidence.
What if I disagree with my attorney about how to respond to the motion?
Tell your attorney your concerns. They must represent your interests, but they also have a duty to give you honest information about the strength of your case. If you remain uncomfortable with their strategy, you have the right to seek a second opinion from another attorney or to request a continuance while you consider your options.
Does the judge's decision on summary judgment affect my right to appeal?
Yes. If the motion is granted and your case is dismissed, you may appeal the judge's decision to a higher court. If the motion is denied and your case goes to trial, you can appeal the jury's verdict or the judge's rulings during trial. Appeals are complex and have strict important date, so discuss this with your attorney when ready after any major ruling.
How long does it take for the judge to rule on the motion?
This varies widely by court and judge. Some judges rule within weeks; others take several months. Your attorney can check the court's typical timeline and may ask the judge for a ruling date if the case has been pending for an unreasonable time.
Can the defendant file another summary judgment motion if the first one is denied?
Generally, no. Once a judge denies a summary judgment motion, the defendant cannot file an identical motion on the same claims. However, if new evidence emerges or circumstances change significantly, a defendant may file a renewed motion in some jurisdictions. Your attorney will advise you if this occurs.