Summary Judgment & Trial Procedures
Civil Procedure · Lesson 06
Summary Judgment & Trial Procedures
這一課問的是：聲請人是否已證明無重大事實爭議？或須進入審判？
ActorActObjectStandardConsequence
Visual Scene · the picture in your head
Issue. Has the movant shown no genuine dispute of material fact such that judgment is warranted — or must the case proceed to trial?
這一課問的是：聲請人是否已證明無重大事實爭議？或須進入審判？
Core Terminology · 7 must-know
Tap a card to flip and reveal the meaning.
Rule 56
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Summary judgment standard.
Rule 56。
genuine dispute
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Reasonable jury could find for nonmovant.
真實爭議。
material fact
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Fact that could affect outcome under governing law.
重大事實。
Celotex
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Movant without burden may show absence of evidence on essential element.
Celotex 規則。
JMOL
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Rule 50: judgment as a matter of law before/after jury verdict.
作為法律事項之判決。
new trial
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Rule 59: grant new trial for various grounds.
新審判。
renewed JMOL
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Rule 50(b): renew after verdict only if first raised before submission.
重提作為法律事項判決。
Issue · what this lesson is really about
Has the movant shown no genuine dispute of material fact such that judgment is warranted — or must the case proceed to trial?
這一課問的是：聲請人是否已證明無重大事實爭議？或須進入審判？
Trigger words & phrases that should flag this issue:
summary judgmentgenuine issuematerial factjudgment as a matter of lawJMOL
Expression Bank · how lawyers actually say it
Six function → sentence patterns. Use these in essay applications.
| Function | English sentence | 中文 |
|---|---|---|
| Apply 56 | Summary judgment is warranted if there is no genuine dispute of material fact and the movant is entitled to judgment as a matter of law. | 無重大事實爭議 + 當事人有權獲判 → SJ。 |
| Apply Celotex | Movant without burden may point to absence of evidence on an essential element. | 無證明責任之聲請人可指出證據缺失。 |
| Apply JMOL | Rule 50 JMOL applies where reasonable jury could not find for nonmovant. | 若合理陪審員不可能為非聲請方裁定，可依 Rule 50 JMOL。 |
Rule Sentence · the workhorse
Summary judgment under Rule 56 is warranted where there is no genuine dispute of material fact and the movant is entitled to judgment as a matter of law, viewed in the light most favorable to the nonmovant.
Sentence Anatomy · 5 roles, 5 colors
Every rule sentence breaks into five visual roles.
Actor 行為人movant聲請人
Act 行為moving for summary judgment or JMOL聲請 SJ 或 JMOL
Object 對象case ready for decision可決定之案件
Standard 法律標準no genuine dispute + entitled as matter of law無真實爭議 + 法律上有權
Consequence 後果judgment entered or case proceeds判決或進行
Casebook Snapshot · a real American case
Celotex Corp. v. Catrett
Holding. A party moving for summary judgment who does not bear the burden of proof at trial may satisfy Rule 56 by showing the absence of evidence in the record on an essential element of the nonmoving party's case. The movant need not affirmatively disprove the element.
Why it matters. Celotex relaxed the SJ standard for non-burdened movants — pointing out evidence gaps is enough.
Celotex：無證明責任之聲請人可指出證據缺失即可。
Common Mistakes · what trips students
✗ Summary judgment 之前須完成 discovery。
✓ Court has discretion under 56(d).
56(d) 法官可裁量。
✗ renewed JMOL 不需 pre-verdict JMOL。
✓ Rule 50(b) requires preservation by pre-verdict motion.
Rule 50(b) 須先行提出。
Mini IRAC · build the Application
Issue. Should the court grant D's motion for summary judgment where P has no evidence to support an essential element of negligence (breach), but D has no affirmative evidence either?
Rule. Summary judgment is warranted where there is no genuine dispute of material fact; a non-burdened movant may satisfy Rule 56 under Celotex by demonstrating the absence of evidence on an essential element.
Application (model). P bears the burden of proving breach at trial but has produced no evidence of breach; D moves for SJ on this basis. Because Celotex permits a non-burdened movant to demonstrate the absence of evidence on an essential element of the opposing party's case, the fact that P, who bears the burden on breach, has produced no evidence on that element means no reasonable jury could find for P on the negligence claim.
Pick the right element for each blank:
g1.
g2.
g3.
Conclusion. Therefore, summary judgment for D should be granted.
MBE Check · multiple choice
After plaintiff rests at trial, D moves for JMOL under Rule 50(a). The court denies. After the jury returns a verdict for P, D files a renewed JMOL under 50(b). Permissible?
Practice Drill · tap to build the rule
Drop the chips here in correct order:
Tap chips to add → tap chips in the target to remove: