What is summary judgment?
If a claim (or part of a claim) can be decided as a “matter of law” and there are “no genuine issues of material fact” in dispute, a court may decide a matter before it goes to trial and enter “summary judgment” (or “partial summary judgment”) in the moving party’s favor. A material fact is one that affects the outcome of the case.[3] A party might ask for partial summary judgment where, for example, it can establish liability as a matter of law, but there may be a factual dispute regarding the amount of damages to be awarded.
Who can ask a court for entry of summary judgment?
Any party to a lawsuit may ask a court to enter summary judgment in its favor. For example, a plaintiff (the party bringing the claim) may ask the court to find in its favor on one or more of its claims or part of a claim or might ask the court to find that one of the defendant’s affirmative defenses cannot be proved. A defendant (the party defending against a plaintiff’s claim or claims) may ask the court to find that the plaintiff cannot prove its claims or to enter summary judgment on one of its affirmative defenses.
When can a party request summary judgment?
A party seeking to recover on a claim, counterclaim, or cross-claim or to obtain a declaratory judgment must wait at least 21 days after the complaint is filed before asking the court to enter summary judgment.[4] A defending party is not required to wait to file a motion for summary judgment.[5] However, all parties must file their motions for summary judgment no later than 91 days (13 weeks) before the trial date.[6]
Why ask for summary judgment?
Summary judgment may resolve the case more quickly and efficiently, minimizing the parties’ expenses and conserving judicial resources.
What needs to be proved to prevail on a motion for summary judgment?
Summary judgment is proper only when the pleadings (the complaint and the answer), affidavits, depositions, or admissions submitted to the court by the parties in briefing the motion for summary judgment establish that there is no genuine issue as to any material fact and that the moving party is entitled to judgment as a matter of law.[7] In assessing a motion for summary judgment, the court must view all the facts in the light most favorable to the nonmoving party, give the nonmoving party the benefit of all favorable inferences that may reasonably be drawn from the evidence, and resolve all doubts as to the existence of a material fact against the moving party.[8]
What happens when the court rules on a motion for summary judgment?
If a court grants the request for summary judgment on all the claims at issue in the case, a trial is not necessary and the case ends. If the court grants partial summary judgment, the remainder of the case proceeds to trial in the ordinary course. If the request for summary judgment is denied, the full case proceeds to trial in the ordinary course. A summary judgment order may be appealed, but the timing and scope of the appeal varies based on whether a final judgment has been entered on all claims and defenses and/or whether an interlocutory appeal is allowed under the circumstances.
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BHGR’s Litigation Group and its Appellate Group have collectively represented clients in thousands of cases in both federal and state courts, including matters where summary judgment has been successfully sought or defeated.
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[1] A civil case is a legal dispute between individuals, businesses, organizations, and/or public entities where one or more of the parties seek monetary damages, compensation for injuries, or an injunction rather than criminal punishment. Read Understanding Colorado’s Civil Court System to learn more about civil cases in District Courts in Colorado.
[2] Summary judgment may also be sought in federal district court following the procedure found Fed. R. Civ. P. 56 which is similar to Colo. R. Civ. P. 56.
[3] See Krane v. Sain Anthony Hosp. Sys., 738 P.2d 75, 77 (Colo. App. 1987).
[4] Colo. R. Civ. P. 56(a).
[5] Colo. R. Civ. P. 56(b).
[6] Colo. R. Civ. P. 56(c).
[7] See, e.g., Civil Serv. Comm’n v. Pinder, 812 P.2d 645, 649 (Colo. 1991).
[8] See, e.g., Casebolt v. Cowan, 829 P.2d 352, 354 (Colo. 1992).