A motion for summary judgment (MSJ) is a pretrial legal request that asks the court to rule in favor of the moving party without proceeding to a full trial. To win, the movant must demonstrate that no genuine dispute of material fact exists and that they are entitled to judgment as a matter of law. But what exactly do judges look for when deciding whether to grant or deny a summary judgment motion?

How Courts Decide a Motion for Summary Judgment: Key Factors Judges Consider

Introduction

A motion for summary judgment (MSJ) is a pretrial legal request that asks the court to rule in favor of the moving party without proceeding to a full trial. To win, the movant must demonstrate that no genuine dispute of material fact exists and that they are entitled to judgment as a matter of law. But what exactly do judges look for when deciding whether to grant or deny a summary judgment motion?

Understanding how courts evaluate these motions can give you a significant advantage in drafting persuasive arguments, organizing evidence, and anticipating the judge’s reasoning.

In this blog, we’ll walk through the key factors judges consider when ruling on a motion for summary judgment, including factual clarity, legal relevance, procedural compliance, and the weight of evidence. If you’re preparing an MSJ, Legal Husk offers expert litigation document drafting tailored to your jurisdiction and case strategy.

1. Is There a Genuine Dispute of Material Fact?

This is the core standard judges use. The court asks:

• Are the facts undisputed, or does the non-moving party offer credible counter-evidence?
• Would a reasonable jury find in favor of the non-moving party if all inferences are drawn in their favor?

If the answer is yes, the motion will be denied. Judges cannot weigh credibility or choose between competing narratives at the summary judgment stage—that’s the jury’s job.

2. Are the Facts “Material”?

Not all factual disputes matter. A judge will focus only on those facts that are relevant to the outcome of the case under the governing law. A fact is considered material if it could affect the resolution of a claim or defense.

For example:

• In a breach of contract case, whether the contract was signed is material.
• Whether one party was late for a meeting usually is not.

Courts disregard irrelevant or trivial disagreements.

3. Has the Moving Party Met Their Burden of Proof?

The burden lies with the party filing the motion to:

• Identify the specific claims or defenses they are seeking to eliminate.
• Support their position with admissible evidence such as affidavits, deposition excerpts, discovery responses, or authenticated documents.
• Demonstrate that the opposing party has no evidence to support a required element of their case.

If the moving party fails to present compelling evidence, the court won’t grant judgment.

4. Is the Non-Moving Party’s Response Adequate?

Judges also examine the opposition brief to determine:

• Has the opposing party submitted credible, admissible evidence?
• Do they offer specific citations that contradict the movant’s factual claims?
• Is their legal reasoning sound and responsive to the motion?

A weak or poorly supported opposition can result in the judge granting summary judgment by default.

5. Are the Legal Issues Clearly Defined and Relevant?

Judges appreciate clarity. They evaluate whether:

• The moving party has framed the legal questions properly.
• The motion addresses the correct elements of each claim or defense.
• Both parties have cited relevant case law and statutes.

An MSJ is more likely to succeed if it is legally focused, well-organized, and directly addresses how the law applies to the facts.

6. Have the Procedural Rules Been Followed?

Summary judgment is governed by strict procedural requirements under Rule 56 and local court rules. Judges will consider:

• Was the motion filed on time, according to the scheduling order?
• Does the brief comply with length, citation, and formatting rules?
• Are exhibits properly labeled and referenced?
• Is there a statement of undisputed material facts?

Failure to follow the rules—no matter how strong the legal argument—can result in denial.

7. Is the Motion Narrow and Targeted?

Judges are more likely to grant well-focused motions that:

• Seek judgment on specific claims, defenses, or legal issues.
• Avoid overreaching or asking the court to rule on complex factual questions.
• Are presented with concise reasoning and compelling evidence.

Overly broad or vague motions risk being rejected entirely.

8. Have the Parties Engaged in Good Faith Discovery?

Courts expect that the parties have engaged in fair, complete discovery before filing an MSJ. A judge may consider:

• Whether both parties have had access to the necessary evidence.
• If the motion is premature or based on an incomplete record.
• Whether there are ongoing discovery disputes that need resolution first.

A motion filed too early can be denied or postponed under Rule 56(d).

9. Does the Motion Support Judicial Efficiency?

Judges value motions that streamline litigation. A summary judgment motion may be more likely granted if it:

• Eliminates weak or frivolous claims.
• Focuses the case for trial on the real issues.
• Encourages settlement or resolution.

Even if the entire case isn’t dismissed, partial summary judgment can help the court and parties move forward more efficiently.

How Legal Husk Can Help You Draft a Successful Motion

At Legal Husk, we understand how judges think. Our drafting services ensure your motion:

• Follows all court rules and procedural requirements.
• Includes a clear legal argument tied directly to evidence.
• Presents a concise, persuasive narrative that addresses what judges care about most.

You can purchase our litigation drafting services online, and our team will craft summary judgment motions, oppositions, and supporting documents that are ready for court.

Final Thoughts

Judges deciding a motion for summary judgment look beyond the surface—they examine the evidence, legal arguments, and procedural accuracy. Understanding what factors, they consider is the key to crafting a winning motion.

Whether you’re preparing to file or respond to an MSJ, Legal Husk is here to support you with professional, court-compliant, and persuasive legal documents.

📩 Contact Legal Husk today to purchase expertly drafted litigation documents and gain an edge in your case.