Motion for Summary Judgment is a request made by the defendant in a civil action. Through this motion a defendant asserts that the plaintiff has raised no genuine issue to be tried and asks the judge to rule in favor of the defendant without going to trial. Motion for Summary Judgment is made before the trial. Each element must be proved in the same way as any other matter on which the plaintiff bears the burden of proof. The plaintiff will have to adduce evidence on every relevant issue in order to defeat a motion for summary judgment.
A summary judgment is a decision made on the basis of statements and evidence presented in the legal pleadings and documents filed, without a trial.