SUMMARY JUDGMENT

Read the WARNING! first.

Summary judgment is a procedure used in civil lawsuits to terminate the lawsuit without a trial.  Arizona lawsuits are governed by the Arizona Rules of Civil Procedure.  It is not the purpose of the Arizona Rules of Civil Procedure to grant a trial on the merits when there is no genuine issue of material fact, or where the claim or defense may be frivolous.

Summary judgment is designed for the purpose of expediting the business of the court by removing meritless claims or defenses.  A motion for summary judgment should be granted if the facts produced in support of the claim or defense have so little probative value, given the quantum of evidence required, that reasonable people could not agree with the conclusion advanced by the proponent of the claim or defense.

Where mere statements in the pleadings are attacked by a motion for summary judgment, supported by proof of specific facts, an obligation is imposed on the other party to present something to show that there is a genuine dispute concerning such allegations.  A party may not sit idly by when a motion for summary judgment is presented, but must come forward with specific proof.  If the party with the burden of proof on the claim or defense cannot respond to the motion by showing that there is evidence creating a genuine issue of fact on the element in question the motion for summary judgment should be granted.

In determining whether an issue of fact exists, a party may not attempt to defeat a motion for summary judgment by merely claiming that a dispute exists, or that there is a scintilla of evidence that would create the slightest doubt as to the facts.  The mere existence of a scintilla of contrary evidence or a “slightest doubt" is insufficient to withstand a motion for summary judgment; there must be evidence from which a jury could reasonably adopt the advocated position.

A motion for partial summary judgment may be filed to dispose of part of a lawsuit rather than the entire lawsuit.  An example would be a motion for partial summary judgment on the issue of liability.  The facts demonstrating liability may not be in dispute while the amount of damages might be disputed.  The Court could determine that liability exists, but not decide the issue of damages, saving the question of damages for a trial.

Procedurally, to file an Arizona motion for summary judgment two (2) things are required.  A separate statement of facts must be prepared.  This statement contains a list of the relevant facts together with a citation to the information in the case record which establishes the fact.  The information in the case record has to be in admissible form.  This means that the information has to be of the type and quality that it would be admitted at a trial if a trial were held.

Admissible information may take the form of a certified copy of a public record, of testimony under oath at a pre-trial interview called a “deposition,” or of business records whose authenticity is established by the affidavit of a proper custodian of records.  In addition to the statement of facts, the motion must be prepared.  In the motion, the person filing the motion cites the applicable law and relevant facts, asking the Court to reach the desired result: summary judgment.

If you need assistance with an Arizona summary judgment issue, contact us.