Glossary
Summary Judgment
A ruling before trial on a claim or defense when there is no genuine dispute of material fact and the moving party is entitled to judgment as a matter of law.
Also called: dispositive motion
A motion for summary judgment asks the court to decide an issue without a trial, on the basis that the evidence permits only one conclusion. It is not a request to weigh conflicting evidence; genuine factual disputes must go to trial.
These motions are usually filed after discovery closes, once the evidence is known, and they are supported by deposition transcripts, documents, and sworn declarations rather than argument.
Even when unsuccessful, the exercise often has value, because it forces both sides to set out their evidence in an organised form and frequently prompts settlement discussions.
General information about Tennessee law, not legal advice. How this applies depends on the facts of your matter.
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