Definition and Nature
A summary judgment is a procedural device available to a party seeking to recover upon a claim, counterclaim, cross-claim, or to obtain a declaratory relief at any time after the pleading in answer thereto has been served. It is also available to a defending party seeking similar relief. A summary judgment is granted upon motion of a party when there is no genuine issue as to any material fact, and the movant is entitled to judgment as a matter of law. It is considered an accelerated judgment. A summary judgment differs from a judgment on the pleadings, as it is based on the pleadings, depositions, admissions, and affidavits, while a judgment on the pleadings is based only on the pleadings.
Purpose of Summary Judgment
The purpose of a summary judgment is to avoid protracted and useless trials in cases where there is no genuine issue of fact. It is intended to dispose of cases promptly, preventing the expense and loss of time involved in a trial.
Requirements for Granting Summary Judgment
For a summary judgment to be granted, two requirements must be met:
- There must be no genuine issue as to any material fact, appearing from the pleadings, depositions, admissions, and affidavits.
- The movant must be entitled to judgment as a matter of law.
The court may render a summary judgment based on the pleadings, depositions, admissions, and affidavits, showing that, except as to the amount of damages, there is no genuine issue as to any material fact and the moving party is entitled to judgment as a matter of law.
Concept of Genuine Issue
A genuine issue is defined as an issue of fact which calls for the presentation of evidence. It is distinguished from a sham, fictitious, or contrived issue. If an answer tenders issues, a summary judgment may still be granted upon motion, if it can be shown that the answer tenders issues that are not genuine or are sham, fictitious, or contrived. The court determines whether the issues are genuine or not based on the pleadings, depositions, admissions, and affidavits.
Judgment on the Pleadings vs. Summary Judgment
A judgment on the pleadings is proper when the answer fails to tender an issue, or otherwise admits the material allegations of the adverse party's pleading. This contrasts with summary judgment, which is based on a showing that there is no genuine issue of material fact despite the pleadings possibly raising issues. In a judgment on the pleadings, the absence of a factual issue is seen in the case the answer tenders no issue at all or admits the material allegations. In summary judgment, the presence of issues in the answer fails to tender any genuine issue.
Effect of Granting Summary Judgment
A summary judgment is considered a final disposition in a legal suit. Such a judgment is deemed rendered upon the determination of the issues presented.
Appealability
A summary judgment on the entire case or on all the claims is a final order and is appealable. However, a summary judgment rendered only on the whole case or for all claims is not appealable or subject to certiorari. Certiorari may be allowed to prevent irreparable damage and injury to a party.
Basis of Summary Judgment
The basis of summary judgment relies on the facts stated in the pleadings, depositions, admissions, and affidavits which are either undisputed or indisputable.