motion for summary judgment
motion for summary judgment. A request that the court enter judgment without a trial because there is no genuine issue of material fact to be decided by a fact-finder — that is, because the evidence is legally insufficient to support a verdict in the nonmovant’s favor. • In federal court and in most state courts, the movant-defendant must point out in its motion the absence of evidence on an essential element of the plaintiff’s claim, after which the burden shifts to the nonmovant-plaintiff to produce evidence raising a genuine fact issue. But if a party moves for summary judgment on its own claim or defense, then it must establish each element of the claim or defense as a matter of law. Fed. R. Civ. 56. — Abbr. MSJ. — Also termed summary-judgment motion; motion for summary disposition. See SUMMARY JUDGMENT. [Cases: Federal Civil Procedure 2533; Judgment 181(2), 183. C.J.S. Judgments §§ 252, 254–257, 259, 267–268, 274.]
