In the lifecycle of a lawsuit, one of the most critical strategic decisions is whether to pursue a motion for summary judgment or proceed to trial. Both paths offer opportunities and risks for litigants. A summary judgment motion can bring a case to a close without the uncertainty and expense of a trial, while a trial allows both parties to present their full case and potentially sway a judge or jury with facts and testimony.

Motion for Summary Judgment vs. Trial: Which Is the Better Option?

Introduction

In the lifecycle of a lawsuit, one of the most critical strategic decisions is whether to pursue a motion for summary judgment or proceed to trial. Both paths offer opportunities and risks for litigants. A summary judgment motion can bring a case to a close without the uncertainty and expense of a trial, while a trial allows both parties to present their full case and potentially sway a judge or jury with facts and testimony.

But which is the better option? The answer depends on the strength of your evidence, the complexity of the legal issues, and the goals of the litigation. In this blog, we'll explore the pros and cons of resolving a case via summary judgment versus going to trial, and help you understand when each option makes strategic sense.

If you’re preparing for either path, Legal Husk offers expertly drafted litigation documents to support your legal strategy from summary judgment motions to trial briefs.

What Is a Motion for Summary Judgment?

A motion for summary judgment (MSJ) is a pretrial request asking the court to decide the case or specific claims without a trial. The motion asserts that there are no genuine disputes of material fact, and the moving party is entitled to judgment as a matter of law.

Summary judgment is governed by Rule 56 of the Federal Rules of Civil Procedure in federal court, and similar rules apply in most state courts. The court reviews written submissions, evidence, and legal arguments to determine whether a trial is necessary.

What Is a Trial?

A trial is a formal proceeding in which both sides present their evidence, examine witnesses, and argue their case before a judge (bench trial) or a jury (jury trial). Trials typically occur after discovery is complete and all pretrial motions have been resolved.

A trial provides an opportunity to:

• Persuade the fact-finder with live testimony and emotional appeals.
• Challenge the credibility of opposing witnesses.
• Seek damages, injunctions, or other relief through a judgment.

However, trials also involve greater costs, longer timelines, and inherent unpredictability.

Pros of Filing a Motion for Summary Judgment

1. Efficiency and Speed

✅A successful MSJ can end the case months—or even years—sooner than going to trial.

✅Avoids lengthy trial preparation, scheduling delays, and appeals.

2. Cost Savings

✅Litigation costs (witness prep, exhibits, jury fees) are significantly reduced.

✅Reduces time spent on legal research, trial logistics, and expert testimony.

3. Strategic Clarity

✅Highlights legal weaknesses in the opposing party’s case.

✅Narrows or eliminates claims, simplifying what goes to trial.

4. Avoids Jury Risks

✅Some cases (e.g., technical disputes) are better suited to judicial review than lay juries.

✅Reduces exposure to emotional jury verdicts or unexpected outcomes.

Cons of Filing a Motion for Summary Judgment

1. High Legal Standard

❌Courts must view the facts in the light most favorable to the non-moving party. ❌Summary judgment is often denied if any material facts are in dispute.

2. Early Disclosure of Strategy

❌Filing an MSJ can reveal your entire case theory and legal strategy to the opposing side.

❌May strengthen the opponent’s case if not well-prepared.

3. No Testimonial Persuasion

❌Lacks the impact of live witness credibility and in-court dynamics.

❌Harder to address gray areas or nuanced arguments without trial.

Pros of Going to Trial

1. Ability to Tell a Compelling Story

✅Trials allow you to present evidence dynamically, with live witnesses and visuals. ✅Strong factual narratives and emotional appeals can sway juries.

2. Full Discovery of the Case

✅Trial allows for cross-examination, real-time objections, and spontaneous strategy shifts.

✅Ideal for cases relying on credibility, context, or human behavior.

3. Opportunity for Larger Damages or Relief

✅Plaintiffs may secure higher monetary awards or more favorable injunctions.

✅A trial verdict can carry greater weight in public or business disputes.

Cons of Going to Trial

1. Time and Expense

❌Trials often take months or years to complete.

❌Costs include expert witnesses, trial exhibits, jury selection, and attorney fees.

2. Unpredictable Outcomes

❌Jury decisions are not always based on legal merit.

❌Judges may be less sympathetic depending on venue or jurisdiction.

3. Emotional Toll

❌Trials can be stressful and time-consuming for clients and witnesses.

❌Public trials may involve reputational risk.

Which Is the Better Option?

It depends on several factors:

1. Strength of Your Case

If the facts are undisputed and clearly support your claim or defense, an MSJ may be the better choice. If the case relies heavily on witness credibility, emotions, or complex narratives, a trial might be necessary.

2. Client Goals

Is your client seeking a quick, low-cost resolution or a chance to make a public case and secure a high award? The answer can determine your approach.

3. Litigation Budget and Resources

Trials are expensive. If resources are limited, pursuing summary judgment can be a strategic way to save costs and avoid prolonged litigation.

4. Nature of the Dispute

Legal disputes involving contracts, statutory interpretation, or clear-cut issues often favor summary judgment. Disputes based on fraud, negligence, or emotional harm may be more appropriate for trial.

Hybrid Approach: Summary Judgment + Trial

In some cases, the best strategy is not either/or—but both. You may:

• File for partial summary judgment to eliminate weak claims or defenses.
• Use the motion to define trial issues and gain judicial insight.
• Strengthen your settlement position by showing the court leans in your favor.

Even if a motion is denied, it can clarify the case for trial and shape your litigation strategy.

How Legal Husk Can Help

At Legal Husk, we provide professionally drafted legal documents for both summary judgment and trial proceedings. Whether you are moving to end a case early or preparing to present your argument in court, we offer:

✅Strategic motion drafting tailored to your jurisdiction.
✅Fact-focused legal analysis that meets court standards.
✅Trial briefs, jury instructions, exhibits, and opening/closing statements.
✅Affordable, court-ready legal filings that save you time and money.

You can purchase our services directly online and get the support you need at every stage of litigation.

Final Thoughts

Choosing between a motion for summary judgment and a trial is a major strategic decision that can determine the outcome of a case. Summary judgment offers speed, clarity, and cost-efficiency but only when the legal standard is met. Trial provides a full hearing on the merits but comes with higher risks and costs.

The best option depends on your facts, legal arguments, client goals, and resources. With the right strategy and the right support you can position your case for success.

📩Need help drafting a motion or preparing for trial? Contact Legal Husk today to purchase professionally crafted litigation documents and take the next step with confidence.