Summary Judgment: Winning (or Losing) Without a Trial

If preliminary objections are Pennsylvania's version of a motion to dismiss, think of summary judgment as the second and final off-ramp before trial. It typically comes after discovery is closed — when both sides have exchanged documents, answered interrogatories, and taken depositions. At that point, one or both sides may ask the judge to decide the case without ever going to a jury.

The Basic Idea — In Plain English

A motion for summary judgment (Pa.R.C.P. 1035.2) says this to the judge:

"We've done all the discovery. We've seen their evidence. We've shown ours. And when you look at everything — even giving the other side every benefit of the doubt — there's no genuine dispute about any material fact. The only question left is a legal one, and the law says we win."

In other words: there's nothing for a jury to decide. The facts aren't in dispute — only the legal conclusion. So the judge should just rule.

How It Works, Step by Step

• The moving party files a motion supported by the evidence gathered in discovery — deposition transcripts, documents, interrogatory answers, admissions, affidavits, expert reports. They lay out the undisputed facts and argue the law requires judgment in their favor.
• The opposing party files a response identifying specific evidence that creates a genuine factual dispute. This is key — you can't just say "we disagree." You have to point to actual evidence in the record (a deposition excerpt, a document, an expert opinion) that contradicts the other side's version of events.
• The judge decides. No witnesses. No jury. The judge reviews the evidence, draws all reasonable inferences in favor of the non-moving party, and rules. If there's a genuine dispute about a fact that matters to the outcome, summary judgment is denied and the case goes to trial. If there isn't, the judge enters judgment.

Why This Matters So Much

Summary judgment is where many cases are won and lost — and it directly connects back to everything that happened during discovery:

• Your deposition testimony matters. If you said something damaging at your deposition, the other side will use it in their summary judgment motion. If your testimony contradicts your interrogatory answers, they'll highlight that too.
• Requests for admissions come back. Remember those RFAs that get deemed admitted if you don't respond in 30 days? This is where they become lethal. If key facts were deemed admitted because you missed the deadline, the other side will argue there's no factual dispute — because you already admitted everything.
• Missing evidence hurts. If you were supposed to produce documents during discovery and didn't, you may not be able to rely on them now to defeat summary judgment.
• Expert reports are critical. In cases that require expert testimony (medical malpractice, professional negligence, construction defects), failing to retain and disclose an expert by the court's deadline can be fatal. Without expert support, the other side moves for summary judgment arguing you can't prove your case — and they're usually right.

The "No Genuine Dispute of Material Fact" Standard

This phrase sounds technical, but it's actually two plain-English questions:

• "Material" — Does the fact actually matter? A "material" fact is one that affects the outcome of the case. If two witnesses disagree about what color shirt someone was wearing, and shirt color has nothing to do with the legal claim, that disagreement doesn't defeat summary judgment. The dispute has to be about something that matters to who wins.
• "Genuine" — Is there real evidence on both sides? A "genuine" dispute means there's actual evidence supporting both versions — not just speculation, hope, or argument. If the plaintiff claims the defendant breached a contract but has no contract, no emails, no testimony, and no documents supporting the claim, the dispute isn't genuine — it's empty.

Partial Summary Judgment

Summary judgment doesn't have to be all-or-nothing. The court can grant partial summary judgment — resolving some claims or issues while sending others to trial. For example, in a case with three counts (breach of contract, fraud, and unjust enrichment), the judge might grant summary judgment on the fraud count while sending the contract and unjust enrichment claims to trial.

What Happens if Summary Judgment Is Granted

If the court grants summary judgment in your favor, you win — the case is over (subject to appeal). If it's granted against you, you lose without a trial. The losing party can appeal to the Superior Court, but the standard of review is demanding — the appellate court reviews the same record and asks whether the trial judge got the law right, viewing the facts in the light most favorable to the losing party.

What Happens if Summary Judgment Is Denied

The case goes to trial. Denial of summary judgment usually means the judge found enough of a factual dispute that a jury needs to sort it out. This is often the point where serious settlement negotiations begin — because both sides now know they're going to trial, and trials are expensive and unpredictable.