This article was co-authored by Clinton M. Sandvick, JD, PhD. Clinton M. Sandvick worked as a civil litigator in California for over 7 years. He received his JD from the University of Wisconsin-Madison in 1998 and his PhD in American History from the University of Oregon in 2013.
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Summary judgment is the process by which litigants can end cases before going to trial. If you can show that the important facts in the case are undisputed and that those facts are in your favor, the judge can decide the case on the basis of a Motion for Summary Judgment. If summary judgment is granted on all causes of action, then the case is over. If the judge denies the party’s motion, the case continues on to trial. Should you lose the summary judgment motion, you may be able to appeal. An appeal is a request to a higher court to review and overturn the decision of a lower court.