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Courts and procedure
Summary judgment
A decision made on the basis of statements and evidence presented for the record, without a trial. It is granted when, on the undisputed facts in the record, one party is entitled to judgment as a matter of law. 1
Talk to a lawyerHow it works
Summary judgment is used when it is not necessary to resolve any factual disputes in the case. In bankruptcy it comes up in adversary proceedings, which are lawsuits within or related to a bankruptcy case that start with a complaint. The federal civil rule on summary judgment applies there. 1 2
The bankruptcy rules add a deadline. The motion is due no later than 30 days before the first date set for an evidentiary hearing on an issue it raises. A local rule or a court order can change that deadline. 2
A request to discharge student loans is made through an adversary proceeding, so a summary judgment motion can arise in that kind of case. 3 2
The time to respond to a motion is set by the court's rules and orders. Read the motion and your court's local rules closely, and consider getting a lawyer's help. 2
Common questions
Does summary judgment mean there is no trial?
Yes, for what it decides. It is a decision made without a trial, on the statements and evidence in the record. 1
When must a summary judgment motion be filed in an adversary proceeding?
No later than 30 days before the first date set for an evidentiary hearing on an issue the motion raises, unless a local rule or a court order sets a different time. 2
When is summary judgment granted?
When, on the undisputed facts in the record, one party is entitled to judgment as a matter of law. 1
Sources
Served with a motion for summary judgment?
A bankruptcy lawyer in your state can review the motion and the response deadline with you.
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