Can a Summary Judgement be used in a Civil Action

Summary judgment is a tool used within the legal system, particularly in civil litigation, to expedite the resolution of a case without the need for a full trial. Summary judgment is not used to determine the outcome of a case but rather to resolve cases where there are no material facts in dispute. As such, it is used as a procedural tool for simplifying and accelerating civil litigation.


Yes, a summary judgment can be used in a civil action for the following reasons:

  1. Efficiency and Expediency: Courts use summary judgments to resolve issues that do not require a full trial. When the material facts of a case are not in dispute, a summary judgment can bring a quicker resolution, saving both the court’s and the parties’ time.
  2. Cost-effectiveness: Civil trials can be expensive due to the costs of attorneys, discovery, court fees, and other expenses. By using summary judgment to resolve undisputed issues, the parties can significantly reduce the financial burden of litigation.
  3. Case Management: Courts are often overloaded with cases, and civil cases can take a long time to resolve through trial. Summary judgments can help manage the caseload by eliminating cases or issues that don’t require a full trial.
  4. Avoidance of Unnecessary Trials: If there are no factual disputes that need to be resolved by a jury or a judge at a trial, then the case can be resolved through summary judgment. This helps to ensure that trials are reserved for situations where they are genuinely needed, i.e., when factual disputes do exist.

Can a Summary Judgement be used in a Civil Action

Summary Judgment: An Overview

Summary judgment is a decision granted by the court in favor of one party against another without a full trial. The decision is typically based on the submission of written evidence, such as depositions, affidavits, and stipulations, which are facts agreed upon by both parties. To grant summary judgment, the court must determine that there are no genuine issues regarding material facts and that the party seeking summary judgment is entitled to it as a matter of law.

Application in Civil Action

The use of summary judgment in civil actions is quite common. The purpose of summary judgment is to avoid unnecessary trials when there is no dispute about the significant facts of the case. It can be used by either a plaintiff or a defendant in a case.

For instance, if a plaintiff in a personal injury case can demonstrate through clear evidence that the defendant was entirely at fault, the court may grant a summary judgment, effectively ruling in favor of the plaintiff without the need for a trial. On the other hand, if a defendant can prove that they were not at fault, they can also seek a summary judgment to dismiss the case.

Moreover, in contractual disputes, summary judgments are often sought when the language in a contract is clear and unambiguous, leaving little room for different interpretations. When this happens, courts can apply the contract’s terms to the facts of the case and resolve the dispute without a full trial.

Advantages and Disadvantages of Summary Judgment in Civil Action

The main advantage of summary judgment is that it expedites the legal process and can save both parties considerable time and expense compared to a full trial. This is particularly beneficial in clear-cut cases where one party is obviously in the right.

However, there are also potential disadvantages. Summary judgments may not always fully respect a party’s right to a trial and can potentially overlook nuanced aspects of a case that would come out in a full trial. It requires the judge to make determinations about the evidence without the benefit of witness testimony and cross-examination, which some critics argue can lead to unjust results.


Summary judgment is a valuable tool in civil litigation. It can be used in a variety of civil actions to expedite case resolution, thus saving resources and offering an efficient means of resolving legal disputes. However, while it serves a significant function in the legal process, it is important to balance its use with the fundamental right to a full and fair trial, ensuring that justice is adequately served.


  1. De Villiers, N. (no date) ‘Summary judgment – the evolvement of an effective means of obtaining judgment’. Available at: (Accessed: 26 May 2023).
  2. Cornell Law School. (no date) ‘Summary judgment’. Available at: (Accessed: 26 May 2023).
  3. Tsesis, A. (2008) ‘The Scope of Free Speech’. Loyola University Chicago Law Journal, 39(3). Available at: (Accessed: 26 May 2023).
  4. Cross, F. (1988) ‘Summary Judgment and the Vanishing Trial’. Stanford Law Review, 41(3). Available at: (Accessed: 26 May 2023).
  5. American Bar Association. (no date) ‘How Courts Work: Motions’. Available at: (Accessed: 26 May 2023).

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