Rules 50 and 56: Judgment as a Matter of Law and Summary Judgment

Question 1

What is summary judgment? (Q)

Answer 1

Summary judgment is a procedure in which the court enters judgment based on the evidence and without a trial.

Question 2

May a party move for summary judgment on part of a case, as opposed to the entire case? (Q)

Answer 2

Yes. Any party may move for summary judgment on any claim or defense or on any part of a claim or defense. Thus, summary judgment may be total or partial.

Question 3

What is a material fact for purposes of summary judgment? (Q)

Answer 3

A material fact can be defined as a fact that makes a difference in the legal resolution of the case. A fact that is not material is sometimes called an immaterial or collateral fact.

Question 4

What legal standard must the court use in deciding a motion for summary judgment? (Q)

Answer 4

The court may grant summary judgment only if:

there is no genuine issue of material fact and
the moving party is entitled to judgment as a matter of law.

Under these conditions, there is no need for a trial to resolve the case.

Question 5

At what point in the case may a party file a motion for summary judgment? (Q)

Answer 5

A party may file a motion for summary judgment at any time up to 30 days after the end of discovery. However, the court may order a different time for filing the motion.

Question 6

In the context of summary judgment, what is the record of the case? (Q)

Answer 6

In the summary-judgment context, the record consists of all documents filed with the court, all discovery conducted in the case, and any other documents or things that are part of the official history of the case from the time of filing.

Question 7

Must the parties present materials outside the pleadings in connection with a motion for summary judgment? (Q)

Answer 7

Yes. Unlike Rule 12 motions, which are generally decided only on the pleadings, a summary-judgment motion is decided based on the demonstrable facts of the case. Thus, each party must cite evidence or other materials from the case record to show that there is or is not a genuine dispute about any material fact.

Question 8

What information from the record may a party cite to support or oppose summary judgment? (Q)

Answer 8

In supporting or opposing a motion for summary judgment, the parties may cite any materials in the record, including affidavits and any information gathered in discovery. These materials may include depositions, answers to interrogatories, answers to requests for admissions, stipulations, and any other information contained in the record.

Question 9

In ruling on a summary-judgment motion, how must the court construe, or interpret, the facts? (Q)

Answer 9

In ruling on a summary-judgment motion, the court must construe all factual material in the light most favorable to the nonmoving party. The judge may not independently weigh the evidence, nor may the judge evaluate the credibility of affidavits or other witness statements.

Question 10

At summary judgment, if a party fails to properly support an assertion of fact, or fails to properly address another party’s assertion of fact, what actions may the court take in response? (Q)

Answer 10

At summary judgment, if a party fails to properly support an assertion of fact, or fails to properly address another party’s assertion of fact, the court may:

allow an opportunity for the party to properly support or address the fact,
consider the fact to be undisputed for purposes of summary judgment,
grant summary judgment if appropriate, or
issue any other appropriate order.

Question 11

Can a party obtain summary judgment by proving that there is no factual dispute regarding the essential elements of its claim or defense? (Q)

Answer 11

Yes. Assuming that the law is in the party’s favor, a party can obtain summary judgment by offering undisputed facts that prove the essential elements of its claim or defense.

Question 12

Can a party succeed in supporting or opposing summary judgment by disproving the essential elements of an opponent’s claim or defense? (Q)

Answer 12

Yes. Assuming that the law is in the party’s favor, a party can successfully support or oppose summary judgment by offering undisputed evidence that affirmatively disproves an essential element of an opponent’s claim or defense.

Question 13

Can a party succeed in supporting or opposing summary judgment by showing that the opposing party lacks sufficient evidence to support an essential element of its claim or defense? (Q)

Answer 13

Yes. Assuming that the law is in the party’s favor, a party can successfully support or oppose summary judgment by showing that the opposing party lacks sufficient evidence to support an essential element of its claim or defense. Using this approach, the successful party does not affirmatively disprove the opponent’s case but instead shows the court that the opponent will be unable to support its claims or defenses at trial.

Question 14

A plaintiff sued a judo instructor in a federal diversity case, alleging that her knee had been permanently damaged during one of the defendant’s classes. The defendant raised the affirmative defense of waiver, which is a complete defense under applicable law. The defendant moved for summary judgment. At the hearing, the parties submitted conflicting evidence about the cause of the plaintiff’s injury. The defendant also submitted a waiver form, signed by the plaintiff one hour before the injury, acknowledging the risks of judo and waiving all claims against the defendant. The plaintiff did not dispute that she had understood and signed the form, and a knowing waiver was legally sufficient to support a waiver defense.

Is the court likely to grant summary judgment to the defendant? (Q)

Answer 14

Yes. The court is likely to grant summary judgment to the defendant. A court may grant summary judgment if there is no genuine issue of material fact and the moving party is entitled to judgment as a matter of law. The court must construe all evidence in favor of the nonmoving party. A party can obtain summary judgment by offering undisputed facts to prove all elements of the party’s claim or defense.

Here, the defendant has sought summary judgment based on the defense of waiver. In support, the defendant has produced the plaintiff’s legally sufficient waiver of all claims against the defendant. The plaintiff does not dispute that she knowingly executed this waiver. Thus, even construing the facts in the plaintiff’s favor, the defendant has produced undisputed evidence that proves his defense. Therefore, the court is likely to grant summary judgment to the defendant.

Question 15

May the court grant or raise the possibility of summary judgment on its own initiative, without a motion by any party? (Q)

Answer 15

Yes. While summary judgment is normally raised by a party’s motion, the court may also raise the matter on its own initiative. If the court does so, then after giving the parties notice and a reasonable time to respond, the court may:

grant summary judgment without a motion,
grant a motion for summary judgment on grounds not raised by any party, or
identify for the parties any material facts that may not be in dispute and consider summary judgment on its own.

Question 16

If a court does not grant summary judgment to the full extent requested by a motion, may the court nonetheless consider particular facts to be undisputed for the remainder of the litigation? (Q)

Answer 16

Yes. If the court does not grant all of the relief requested in a summary judgment motion, the court may nonetheless enter an order stating that a particular material fact is not in dispute. The court may then treat that fact as established for the remainder of the case.

Question 17

In ruling on a motion for judgment as a matter of law, how must the court construe the evidence? (Q)

Answer 17

In ruling on a motion for judgment as a matter of law, the court must construe the evidence in the light most favorable to the nonmoving party. The judge may not independently weigh the evidence, nor may the judge evaluate the credibility of witnesses. This is the same rule of interpretation that applies to summary-judgment determinations.

Question 18

What is a directed verdict in a civil case? (Q)

Answer 18

A directed verdict occurs when the judge tells the jury what verdict it must enter, instead of letting the jury decide for itself. A directed verdict is used if the judge finds that, as a matter of law, the jury could not reasonably reach any verdict other than the one that the judge directs. In federal practice, the directed verdict has been replaced with judgment as a matter of law.

Question 19

What is a motion for judgment as a matter of law? (Q)

Answer 19

A motion for judgment as a matter of law is a motion brought during or after trial asking the court to bypass the jury to enter judgment in favor of the moving party on a particular claim or defense.

Question 20

At what point in a trial may a party bring an initial motion for judgment as a matter of law? (Q)

Answer 20

A party may initially move for judgment as a matter of law at any time (1) after an opposing party has been fully heard on the issues relevant to the motion and (2) before the court submits the case to the jury for deliberation.

Question 21

What legal standard must the court apply in deciding a motion for judgment as a matter of law? (Q)

Answer 21

The court may grant a motion for judgment as a matter of law only if there is no legally sufficient evidentiary basis from which a reasonable jury could find for the nonmoving party.

Put differently, the judge must find that under the applicable law, no reasonable jury could find against the moving party. Thus, the judge may enter judgment in favor of the moving party either (1) without sending the case to the jury or (2) despite the jury’s verdict.

Question 22

Can a judge direct a verdict on the assumption that one of the witnesses is lying? (GG)

Answer 22

No. If there is a genuine question of fact, it is up to the jury to decide whether the witness is lying or not.

Question 23

What rule did Pennsylvania Railroad v. Chamberlain (1933) add? (Q)

Answer 23

A plaintiff in a federal civil case does not offer sufficient evidence to go to the jury if that evidence allows for equal inferences that are inconsistent concerning a critical fact in the plaintiff’s case.

Question 24

What is the burden of production? (GG)

Answer 24

The plaintiff bears the burden to convince the judge that her evidence is strong enough on each element of her claim to support a rational verdict her favor.

Question 25

May a judge enter a verdict for a party when the jury returned the verdict for another party? (GG)

Answer 25

Yes. This is called judgment notwithstanding the verdict. 50b

Question 26

Can a motion for judgment as a matter of law be renewed after it is denied? (GG)

Answer 26

Yes.

Question 27

When a party wants a motion for judgment as a matter of law to be renewed, what must the party have done already? (GG)

Answer 27

The party must have moved for the motion before the case went to to the jury. 50a

Question 28

How long may a person ask for a renewal of a motion for judgment as a matter of law?

Answer 28

28 days after the entry of the judgment.

Question 29

May a party move for judgment as a matter of law on any claim or defense? (Q)

Answer 29

Yes. A party may move for judgment as a matter of law on any claim or defense in the case. Thus, the motion need not address the entire case.

Question 30

What is a renewed motion for judgment as a matter of law? (Q)

Answer 30

A renewed motion for judgment as a matter of law is a second motion for judgment as a matter of law made after the case is submitted to the jury.

Question 31

May a party bring a renewed motion for judgment as a matter of law if that party did not bring an initial motion for judgment as a matter of law before the case was submitted to the jury? (Q)

Answer 31

No. A renewed motion for judgment as a matter of law may be brought only if the court has not granted a previous motion for judgment as a matter of law. In other words, a party may not bring a renewed motion for judgment as a matter of law unless the party previously moved for judgment as a matter of law before the case was submitted to the jury.

Question 32

May the court grant a renewed motion for judgment as a matter of law on any grounds different from those raised in the initial motion for judgment as a matter of law? (Q)

Answer 32

No. The court may grant a renewed motion for judgment as a matter of law only on grounds previously raised in the initial motion for judgment as a matter of law.

Question 33

If a party is eligible to file a renewed motion for judgment as a matter of law, how long does the party have to file the motion? (Q)

Answer 33

A party must file a renewed motion for judgment as a matter of law within 28 days after the court enters judgment. If the motion addresses an issue for the jury that was not decided by the verdict, then the party must file the renewed motion within 28 days after the jury is released from service.