What is the Difference Between a Motion for Dismissal & Motion for Summary Judgement?

As part of the procedure in civil cases, both parties have the capability of making requests for court consideration. Motions are formal requests submitted to a judge to serve a variety of purposes. Examples include requests to continue (postpone) the proceedings, that an existing court order be modified, for case dismissal, and many others. The majority of these requests must be done in writing, unless during a hearing or trial, and notice is provided to the opposing party and/or their legal counsel. Motions typically include a brief summary of points that support the request. Two common types include motions to dismiss (MTD) and motions for summary judgement (MSJ); both request that a case be disposed of, or terminated, but are quite different.

Motions for Summary Judgement

Summary judgments are addressed in Rule 56 in the Federal Rules of Civil Procedure. They are motions by either party, the movant, to dispose of a claim by judgement in their favor, since no genuine disagreement exists to any material fact. They are accompanied by a factual supportive statement(s) indicating a claim lacks viable evidence, or that the opposing party is unable to produce evidence that is admissible to support it. Courts generally discourage lengthy exhibits accompanying motions, preferring rather that they are limited to the essentials, in a brief format. An MSJ avoids furthering the case to trial since the facts indicate what the outcome will be.

What Happens After a Motion for Summary Judgment Is Filed?

After a motion for summary judgment is filed, the opposing party may submit a response showing why a genuine dispute over a material fact still requires resolution. In federal court, Federal Rule of Civil Procedure 56 allows the parties to support their positions with materials in the record, including:

• Depositions
• Documents
• Electronically stored information
• Affidavits or declarations
• Admissions
• Interrogatory answers

The moving party may also have an opportunity to reply, depending on the applicable procedural rules and scheduling orders.

The judge then reviews the record to decide whether a trial is necessary on the issues raised by the motion. The court does not simply choose which side’s evidence is more persuasive. Instead, it determines whether a genuine factual dispute exists that could affect the outcome under the governing law. If such a dispute remains, summary judgment should not resolve that issue.

A ruling does not always end the entire lawsuit. A court may deny the motion, grant it as to every claim at issue, or grant only part of it. A partial ruling can narrow the questions that remain for trial. In a personal injury case, for example, a ruling might resolve one legal issue while leaving other questions about liability or damages for later proceedings.

Motions for Dismissal

They are addressed in Rule 12 of the Federal Rules of Civil Procedure and typically generated by defendants early in a case’s development. They seek to expose legal deficiencies within claims. Common reasons for dismissal include that the defendant was improperly served with the complaint, or for a failure to state a claim for which relief could be granted. For example, in personal injury actions, plaintiffs must detail that they were injured from the opposing party’s negligence. If the pleading is unable to determine this, the grounds for granting a dismissal may exist.

What Happens After a Motion to Dismiss Is Filed?

What happens next depends on the basis for the motion and the rules of the court handling the case. The nonmoving party ordinarily has an opportunity to file a written response explaining why the challenged claim is legally sufficient. The moving party may then be allowed to file a reply before the judge rules. Some motions are decided on the written submissions, while a court may schedule argument when it would assist in resolving the issues.

For a motion based on failure to state a claim,  the court generally evaluates the legal sufficiency of the complaint rather than deciding disputed facts. If the parties present matters outside the pleadings and the court does not exclude them, under Federal Rule of Civil Procedure 12(d), it is provided that the motion must be treated as one for summary judgment, and the parties must receive a reasonable opportunity to present pertinent material.

The result can take several forms. The court may deny the motion and allow the case to proceed, dismiss only certain claims, or dismiss the entire action. A dismissal without prejudice may permit a plaintiff to correct a pleading problem and file an amended complaint or, where legally permitted, bring the claim again. A dismissal with prejudice generally prevents the dismissed claim from being refiled. Because the effect of an order depends on its wording and the procedural posture of the case, the parties should review the ruling closely before taking the next step.

Key Differentiating Factors

• An MTD typically occurs because a key procedural aspect was not conducted, or done improperly. MSJs focus on facts in the case and suggests a trial will not alter the indisputable outcome.
• When a MTD is granted, the losing party may revise their claim and file again. It most instances, summary judgments cannot be re-filed unless under certain circumstances or via appeal.
• Plaintiffs need only to have legally compliant claims to avoid MTDs, otherwise, it should be determined by a jury. An MSJ requires that judges decide the sufficiency of evidence in rendering a determination.
• MSJs are exclusively applicable in civil cases, while MTDs apply in criminal and civil matters.

Can You Appeal a Summary Judgment?

A summary judgment can be appealed in appropriate circumstances, but the right to appeal usually depends on whether the ruling is final. When summary judgment resolves all remaining claims and results in a final judgment, the losing party generally may seek appellate review. If the court grants only partial summary judgment and other claims remain pending, an immediate appeal may not be available unless a rule or court order permits interlocutory review.

In Colorado state civil cases, Colorado Appellate Rule 4(a)(1) generally requires a notice of appeal to be filed within 45 days after entry of the judgment, decree, or order being appealed. Certain post-judgment motions can affect that deadline, and other procedures may apply to particular types of orders. Colorado appellate courts have also explained that an untimely notice of appeal can create a jurisdictional problem, making prompt review of the applicable deadline particularly important. 

An appeal is different from asking the trial court to decide the evidence again. An appellate court generally reviews the lower court’s ruling for legal error under the applicable standard of review rather than conducting a new trial. The appellate record, the grounds on which summary judgment was granted, and whether the relevant arguments were properly preserved can all affect appellate review.

Rosenthal Injury Law’s boutique approach means clients can work directly with Jeremy Rosenthal rather than having important case developments filtered through layers of different attorneys. The firm emphasizes close communication and personal attention throughout injury claims. Jeremy also previously worked in insurance defense, giving him experience with how insurers evaluate and defend personal injury matters. 

Contact Us To Learn About Motions for Dismissal and Summary Judgment

Rosenthal Injury Law has vast experience advocating for the rights of victims throughout Colorado. They focus on cases involving personal injury, wrongful death, and product liability or defect. They are committed to recovering financial compensation for their clients by securing verdicts and settlements. Contact the office today to discuss the details of your case and learn more about the difference between a motion for dismissal and motion for summary judgment.