What is a Motion for summary judgment?

A motion for summary judgment is an attempt to resolve the case without the need for a trial.

A motion for summary judgment is a legal tool used in civil cases, including class actions, to request the court to decide on the case without going through a full trial. It is typically filed by one party, usually the defendant, who believes that there are no genuine issues of material fact and that they are entitled to judgment as a matter of law. This means that the party is arguing that based on the evidence presented, there is no need for a trial because the facts are clear, and the law supports their position. A motion for summary judgment can be a strategic move to try and resolve a case quickly and efficiently.

To succeed with a motion for summary judgment, the moving party must demonstrate that there are no disputed issues of material fact. This requires presenting evidence that proves there is no genuine dispute as to any essential element of the case. The evidence can include documents, witness statements, expert opinions, and other forms of proof. The moving party must also show that they are entitled to judgment as a matter of law, meaning that even if all the facts are viewed in the light most favorable to the non-moving party, they would still win the case.

The non-moving party, usually the plaintiff, has an opportunity to respond to the motion for summary judgment. They can present evidence that disputes the facts put forth by the moving party or argue that there are genuine issues of material fact that should be decided by a jury at trial. The non-moving party must show that there is enough evidence to support their claims and that a reasonable jury could find in their favor.

The court will then review the motion for summary judgment and the opposing party's response. It will consider all the evidence and arguments presented by both sides. If the court finds that there are no genuine issues of material fact and that the moving party is entitled to judgment as a matter of law, it may grant the motion and decide the case without a trial. On the other hand, if the court determines that there are disputed facts or issues that need further examination, it will deny the motion and allow the case to proceed to trial.

Motions for summary judgment can be an effective tool in resolving cases efficiently and saving time and resources for both parties involved. They provide an opportunity for parties to present their arguments and evidence without going through a lengthy trial process. However, it is important to note that not all cases are suitable for summary judgment. Some cases may involve complex issues or disputed facts that require a trial to fully resolve. It is up to the court to determine whether a motion for summary judgment is appropriate in each case.

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The Law Offices of Timothy L. Miles
Tapestry at Brentwood Town Center
​300 Centerview Dr., #247
Brentwood, TN 37027
Phone: (855) 846–6529
​Email: [email protected]

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timothy l. miles, esq.

Nashville attorney Timothy L. Miles is a nationally recognized shareholder rights attorney raised in Nashville, Tennessee. Mr. Miles has dedicated his career to representing shareholders, employees, and consumers in complex class-action litigation. Whether serving as lead, co-lead, or liaison counsel, Mr. Miles has helped recover hundreds of millions of dollars for defrauded investors,  shaped precedent-setting decisions, and delivered real corporate governance reforms. Judges and peers have repeatedly recognized Mr. Miles’ relentless advocacy for the underdog, as well as his unbendable ethical standards. Mr. Miles was recently selected by Martindale-Hubbell® and ALM as a 2026 Top Ranked Lawyer, 2022 Top Rated Litigator. and a 2022 Elite Lawyer of the South. Mr. Miles also maintains the AV Preeminent Rating by Martindale-Hubbell®, their highest rating for both legal ability and ethics. Mr. Miles is a member of the prestigious Top 100 Civil Plaintiff Trial Lawyers: The National Trial Lawyers Association,​Class Action:  Class Action: Top National Trial Lawyers, National Trial Lawyers Association (2023), a superb rated attorney by Avvo, a recipient of the Lifetime Achievement Award by Premier Lawyers of America (2019) and recognized as a Distinguished Lawyer, Recognizing Excellence in Securities Law, by Lawyers of Distinction (2019); a Top Rated Litigator by Martindale-Hubbell® and ALM  (2019-2022); America’s Most Honored Lawyers 2020 – Top 1% by America’s Most Honored (2020-2022).  Mr. Miles has published over a thousand on various issues of the law, including class actions, whistleblower cases, products liability, civil procedure, derivative actions, corporate takeover litigation, corporate formation, mass torts, dangerous drugs, and more.  Please visit our website or call for free anytime.

CONTACT                                                      
The Law Offices of Timothy L. Miles
Tapestry at Brentwood Town Center
​300 Centerview Dr., #247
Brentwood, TN 37027
​​Phone: (855) 846-6529
​Email: [email protected]