Most business lawsuits do not reach trial. For many business owners and executives, that comes as a surprise. Once a lawsuit is filed, clients often assume the dispute will ultimately be decided by a judge or jury after witnesses testify and evidence is presented in a courtroom.
In practice, many commercial disputes are resolved earlier, through settlement, dismissal, summary judgment, or other procedural developments. Among those stages, summary judgment is often one of the most important.
A well-supported motion for summary judgment can dispose of an entire case, eliminate particular claims or defenses, narrow the issues for trial, or reshape settlement discussions. For that reason, understanding summary judgment is critical to understanding how business litigation is actually won, defended, and resolved.
What Is Summary Judgment?
A motion for summary judgment asks the court to decide all or part of a case without a trial because the evidence shows there is no triable issue of material fact and the moving party is entitled to judgment as a matter of law.
Unlike a motion to dismiss, which usually tests whether the complaint states a legally sufficient claim, a motion for summary judgment focuses on the evidence developed during the litigation. By this stage, the parties have often exchanged documents, taken depositions, served interrogatories, responded to document requests, and developed a factual record.
The court is no longer simply assuming that the allegations in the complaint are true. Instead, the court evaluates whether the evidence creates a real factual dispute that must be resolved at trial.
When Will a Court Grant Summary Judgment?
Summary judgment is appropriate when the moving party first establishes, through admissible evidence, that it is entitled to judgment as a matter of law. If that showing is made, the burden shifts to the opposing party to identify evidence of a material factual dispute.
A factual dispute is material if it could affect the outcome of the case under the applicable law. Not every disagreement between the parties is enough to defeat summary judgment. The parties may dispute background facts, immaterial details, or issues that do not change the legal result.
The key question is whether the disputed fact matters to the claims or defenses before the court. If it does, and if the evidence would allow a reasonable factfinder to resolve the issue in favor of the opposing party, the case, or that part of the case, generally proceeds toward trial.
The Court Does Not Decide Credibility
At the summary judgment stage, the court does not decide which witness is more believable. Credibility determinations are generally for the factfinder at trial. A judge may decide that the evidence is legally insufficient to require a trial. But the judge generally may not grant summary judgment simply because one side’s witness appears more persuasive than the other’s. If the case turns on conflicting testimony about a material issue, summary judgment may be denied. In other words, summary judgment is designed to determine whether a trial is necessary, not to conduct the trial on paper.
Why Summary Judgment Matters in Business Litigation
A successful summary judgment motion can significantly reduce the cost, time, and uncertainty of litigation. If granted in full, it may end the lawsuit before trial. If granted in part, it may narrow the claims, eliminate defenses, resolve liability issues, or focus the case on a smaller set of disputed questions.
Even when the court denies summary judgment, the motion can still be strategically important. The briefing forces both sides to organize the evidence, identify the controlling legal issues, and present their strongest arguments to the court. That process often reveals the strengths and weaknesses of each party’s position. For that reason, summary judgment frequently influences settlement negotiations, mediation strategy, and trial preparation.
Summary Judgment Is Built During Discovery
Every document collected during discovery, every deposition answer, every interrogatory response, and every admission obtained can affect the evidentiary record the court later reviews. A missing document, an inconsistent witness, an unclear contract provision, or an overlooked email can determine whether a triable issue exists.
That is why experienced litigators approach discovery with summary judgment in mind. The goal is not merely to gather information, but to develop a record that supports the legal theory of the case, whether the client is seeking summary judgment or opposing it.
Summary Judgment Does Not Require Every Fact to Be Undisputed
One common misconception is that summary judgment is available only when the parties agree on all the facts. That is not correct. The parties may disagree about many facts. The legal question is whether those disagreements are material to the claims or defenses at issue. If the disputed facts would not change the outcome under the applicable law, the court may still grant summary judgment.
Understanding that distinction is critical in commercial litigation. Not every factual disagreement requires a trial. The facts that matter are the ones tied to the legal elements of the claims, defenses, damages, or requested relief.
Strong Cases Are Built Long Before Trial
Summary judgment reflects an important principle of business litigation: strong cases are built long before anyone enters a courtroom for trial. The quality of the evidence gathered during discovery, the testimony developed during depositions, and the legal strategy implemented throughout the case can determine whether a dispute is resolved before trial, narrowed for trial, or positioned for a favorable settlement.
At Alisme Law, we develop litigation strategies with every stage of the case in mind. Whether pursuing or defending a motion for summary judgment, our objective is to build a strong evidentiary record that positions our clients for the best possible outcome. Understand why the strongest cases are built long before trial.
Contact us to schedule a confidential case evaluation: 917-540-8432
This article is for informational purposes only and does not constitute legal advice. The availability of summary judgment depends on the facts, the evidence, the applicable law, and the court’s determination that no triable issue of material fact requires a trial.