Whenever a litigant in a civil lawsuit believes that the opposing side’s pleadings have raised no “genuine issue of material fact” for a jury to consider, a motion for summary judge may be filed asking the judge to dismiss the case.
In the Baystate, motions for summary judgment are regulated by Rule 56 of the Massachusetts Rules of Civil Procedure.
According to Rule 56, summary judgment motions can be filed by either side 20 days after the lawsuit has commenced. Usually motions for summary judgment will not be heard if they are filed after the pretrial conference, though a judge can make an exception for “good cause.” See SJC’s Joint Standing Order 1-04, II.
As the notes for Rule 56 point out,
The important thing to realize about summary judgment under Rule 56 is that it can be granted if and only if there is “no genuine issue as to any material fact.” If any such issue appears, summary judgment must be denied.
A party filing a motion for summary judgment may submit, in support of the motion, any or all of the following items:
- Pleadings
- Depositions
- Interrogatory answers, and
- Supporting affidavits
The core of the moving party’s argument typically takes the form of an affidavit. According to Rule 56(e),
Supporting and opposing affidavits shall be made on personal knowledge, shall set forth such facts as would be admissible in evidence, and shall show affirmatively that the affiant is competent to testify to the matters stated therein.
The opposing side cannot simply rest on its pleadings. Instead it must submit its own affidavit showing that genuine factual issues exist.
Despite the nature of these affidavits, the notes to Rule 56 warn that,
So-called “trial by affidavits” has no place under Rule 56. Affidavits (or pleadings, depositions, answers to interrogatories, or admissions) are merely devices for demonstrating the absence of any genuine issue of material fact. Introduction of material controverting the moving party’s assertions of fact raises such an issue and precludes summary judgment.
If the trial judge, after examining the motion and the supporting and opposing affidavits, concludes that no genuine issue of material fact exists for a jury to consider, summary judgment “shall be rendered forthwith.” See Rule 56(c).
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