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In civil litigation, the purpose of a trial is for either a jury or the judge to decide facts that are in dispute. If the plaintiff's story differs from that of the defendant, the trier of fact (the judge or jury) must decide which story is more likely to be true, and rule in that party's favor.
However, sometimes a trial is not necessary. Parties file motions for summary judgment, requesting judgment in their favor without a trial, when either there is no dispute as to the material facts, or the other side cannot prove their claims or defenses.
Key Takeaways
- In Illinois, summary judgment motions argue for a case decision based on legal grounds when no factual disputes exist, ideally filed after completing fact discovery.
- Preparing a summary judgment motion requires detailed legal and factual examination, a well-drafted memorandum, evidence submission, and counterargument preparation.
- A judge's decision on a summary judgment motion hinges on the presence of material factual disputes and legal favorability towards the moving party, with potential results being full, partial, or no motion granted.
Understanding Illinois Summary Judgment Motions
Courts will grant a motion for summary judgment and enter judgment in favor of the party filing the motion when the party filing the motion can show that: (1) there is no dispute as to the material facts of the case; and (2) based on the undisputed facts, the party filing the motion is entitled to judgment as a matter of law.
A motion for summary judgment will be filed along with a brief to the court, called a Memorandum in Support of the Motion for Summary Judgment. In the Memorandum, the party filing the motion will lay out the legal elements of his or her claim or defense and make the argument that there is enough undisputed or indisputable evidence to support that claim or defense. The party filing the motion will attach affidavits, deposition testimony, and other evidence as exhibits to the Memorandum. The filer need not show that the parties agree on every fact in the case. Rather, the filing party need only show that they can prove the limited set of facts necessary to their claim or defense, and that the other side cannot disprove these facts or raise other facts to defeat them. It is not enough to show that the story of the party filing the motion is likely to be true than that of the other side. Rather they must show that there are no reasonably disputable facts that are essential to their claim, so that there would be nothing for the jury or judge to decide at trial.
After the motion and memorandum have been filed, the responding party will file a brief called a Response, making either a legal or factual argument that: (1) there is a genuine dispute as to the facts making up the other party's claims or defenses; (2) even if there is no dispute as to the other party's case in chief, there are other facts or legal claims which can overcome it; or (3) even if there is no dispute as to the facts cited by the other party, the statutory law or case law would not entitle the other party to win at trial.
After the Response brief has been filed, the party that filed the motion will file a Reply brief, responding to the arguments raised in the Response brief.
Once the Memorandum in Support of the Motion, the Response brief, and the Reply brief have been submitted to the court, the parties' attorneys will conduct an oral argument at a hearing before the court. Many judges will have read the briefs in detail, performed their own independent research, and be prepared with questions for each side, or issues for the attorneys to address in oral argument. Often, however, judges will have only skimmed the briefs prior to oral argument, and will rely on the attorneys to lay out the bases for their motion or defense in full, before reading the briefs in more detail after the hearing for proof and clarification.
Whether to file a Motion For Summary Judgment is a difficult decision that should ultimately be left up to the client, with the advice of their attorney. If you are able to win on a motion for summary judgment, you may save a significant amount of money that it would cost to prepare the case for trial and try the case. However, motions for summary judgment can require a significant amount of attorney time, and there is always a risk that you will not be successful.
If I feel that my clients have a significant chance to win the motion, I will often advise them in favor of filing the Motion for Summary Judgment, notwithstanding the risk that they may lose at hearing, because even unsuccessful motions are not a waste of attorney time. Much of the work that will ultimately go into preparing for trial, including formulating legal arguments and compiling evidence, will be accomplished in preparing the Motion For Summary Judgment, and will not have to be redone if the motion is unsuccessful and the case goes to trial. Ultimately, the decision on whether a Motion For Summary Judgment is a good strategy must be deliberated in light of the facts of each particular case.
Crafting the Motion: A Step-by-Step Process
Understanding the advantages of a summary judgment leads us to examine how one goes about composing such a motion. In Illinois, crafting this motion necessitates the creation of an exhaustive memorandum and compliance with Local Rule 56.1 statements regarding facts.
The involvement in drafting such documents demands significant time from attorneys and financial resources from clients. It is an essential step for ensuring adherence to all necessary discovery procedures before submitting a request for summary judgment. Prior to filing, parties within the Northern District of Illinois are advised to partake in a pre-filing conference aimed at evaluating whether pursuing the summary judgment motion is financially sensible. But what elements must be included within this particular type of legal motion?
The Legal Framework Supporting Your Motion
In the heart of your motion for summary judgment is a robust legal basis. Your memo must decisively show that no genuine issue regarding any material fact exists and that, because of this lack of dispute over facts pivotal to the case, the party filing for summary judgment is justified in receiving a decision in their favor according to established law.
It falls upon the plaintiff’s attorney to compose a comprehensive memorandum which delves into relevant statutes and judicial precedents governing both involved parties. These underpinning legal principles are critical when crafting and supporting the motion. The Memorandum Supporting the Motion for Summary Judgment should address:
- Necessary legal components associated with either claiming or defending
- Construct arguments advocating for granting of judgement
- Attach evidence like sworn affidavits and recorded depositions testifying in support of those applying for said judgment.
Presenting Evidence in Your Favor
Subsequently, evidence is presented. In Illinois, when compiling evidence for a motion for summary judgment, the following items are considered:
- Pleadings
- Depositions
- Admissions
- Affidavits
- Additional forms of other evidence, which may include auxiliary items such as photographs and statements from witnesses.
In Illinois, affadavits submitted to support a motion for summary judgment must adhere to prescribed legal requirements concerning their format and substance. Attorneys aiming to secure a summary judgment need to meticulously ascertain all pertinent facts that remain undisputed in order to strengthen their case for securing a judgment as matter of law.
Responding to Anticipated Counterarguments
Preparing your motion for summary judgment requires a strategic approach, where the plaintiff needs to be ready to show that their case holds even when considering the opposing party’s potential counterarguments. This means demonstrating confidence in prevailing over these objections.
When an attorney discerns that the opposition doesn’t have enough evidence backing their claims or defense, they might proceed with filing a no-evidence motion for summary judgment. By doing this, they aim to question the adequacy of the opponent’s arguments and seek denial of summary judgment on behalf of their adversary.
If critical factual information needed to contest a motion for summary judgment is missing, one can present an affidavit outlining this deficiency and request from the court extra time necessary to gather such vital information.
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