When you enter a civil lawsuit, your immediate concern is often the trial. However, many cases, even high-stakes litigation, may never see a jury. Instead, they are decided much earlier through a powerful pre-trial procedure known as Summary Judgment. This motion is a critical battleground in Indiana courts and understanding its purpose and standard is essential for every client.
What is a Motion for Summary Judgment?
A Motion for Summary Judgment is a request to the court for a final ruling on a claim or an entire case without holding a full trial. This procedure is codified in Indiana Rule of Trial Procedure 56. The purpose is efficiency: to save the court, the parties, and the jury the time and expense of a trial when there is simply no genuine dispute over the material facts and the outcome is legally predetermined.
The Standard: No Genuine Issue of Material Fact
To win a Motion for Summary Judgment in Indiana, the moving party must convince the judge of two things:
- No Genuine Issue of Material Fact: All the facts essential to the case must be undisputed. If there is a “genuine issue” it means that the evidence could lead a reasonable person to decide for either side, and therefore the motion must be denied, and the case must proceed to trial.
- Entitlement to Judgment as a Matter of Law: Based solely on those undisputed facts, the law dictates that the moving party must win.
The Indiana vs. Federal Distinction
A key point for clients to grasp is that the standard for Summary Judgment in Indiana state courts is more demanding than in the federal courts. This difference is rooted in policy: Indiana courts consciously err on the side of allowing marginal cases to proceed to trial rather than risk dismissing a potentially meritorious claim.
Unlike the federal system, the party moving for Summary Judgment in Indiana has an “onerous burden” to carry. The moving party must:
- Affirmatively Negate the Opponent’s Claim: The movant cannot merely state that the opposing party lacks evidence. They must actually present designated evidence that disproves or negates an essential element of the opponent’s claim.
- Foreclose All Reasonable Inferences: The evidence presented by the movant must eliminate any genuine factual issues, foreclosing all reasonable inferences that could be drawn in favor of the non-moving party.
Because of this heightened standard, it is often more difficult for a defendant to prevail on Summary Judgment in Indiana than in other jurisdictions.
The Summary Judgment Procedure
The process is governed by strict rules for designating evidence and meeting deadlines.
- Designation of Evidence
When a party files or responds to a Summary Judgment motion, they must formally designate evidence to the court. This designated evidence can include affidavits, deposition transcripts, answers to interrogatories, and requests for admission. Under Trial Rule 56(C), the court only considers the evidence that the parties have specifically cited to support their claims or defenses. If a critical fact is not supported by designated evidence, the court is free to disregard it.
- The Response Timeline
The party opposing the motion usually has thirty (30) days from the time the motion is served to file their response and designate their own counter-evidence. The non-moving party cannot simply rest on the allegations in their initial complaint; they must set forth specific facts and cite evidence showing that a genuine dispute exists that requires a trial. If the non-moving party fails to respond, judgment may be entered against them “if appropriate.”
- The Court’s Ruling
The court views the designated evidence in the light most favorable to the non-moving party, as in the party who is responding to the other’s Summary Judgment motion. If the judge finds that the material facts are truly undisputed and one party wins by law, a Full Summary Judgment is granted, and the case ends. If the judge finds a factual dispute on one issue but not another, they may grant Partial Summary Judgment, resolving only certain claims or issues (such as liability but not damages) while allowing the remaining issues to proceed to trial.
The Significance for the Client
For a client, Summary Judgment is a pivotal moment. Winning the motion means your lawsuit is over, and you receive judgment immediately, avoiding the stress and cost of a trial. Losing the motion means that your case will be dismissed. For this reason, a Summary Judgment motion is often a strong indicator of how a case might fare at trial and is frequently used by attorneys to assess risks and encourage a final settlement before the court rules.
* This blog was written by attorneys at Dixon & Moseley, P.C., who handle a wide variety of legal issues, be it criminal or civil in nature, throughout the state. It is written and posted for general educational purposes and is not to be construed as legal advice or solicitation for services. It is an advertisement.*
