What Is the Next Step After a Summary Judgment?

After a summary judgment has been granted, the losing party typically has several critical options to consider, each with its own strategic purpose and strict deadlines. The primary next steps involve challenging the trial court's decision through motions to reconsider, seeking extraordinary relief, or initiating an appeal to a higher court.

Understanding Summary Judgment

A summary judgment is a final decision by a court that resolves a case or a significant part of it without a full trial. This occurs when there are no genuine disputes of material fact, and one party is entitled to judgment as a matter of law. While it saves time and resources, it also means the case, or certain claims, are concluded without presenting evidence to a jury or judge in a trial setting.

Key Options Following a Summary Judgment

Once a summary judgment is granted, the party against whom it was entered must act quickly to preserve their rights. Here are the main avenues:

1. New-Trial Motion (Motion for Reconsideration or New Trial)
2. Petition for Writ (Extraordinary Writ)
3. Appeal

Let's explore each option in detail.

1. New-Trial Motion or Motion for Reconsideration

A motion for a new trial, or a motion for reconsideration, asks the trial court to re-examine its own decision. This can be a highly effective strategy, especially when summary judgment was granted against a party, as it directly addresses the court that made the initial ruling.

• Purpose: To convince the trial judge that there was a legal error, new evidence has emerged that was not available previously, or that the judgment was contrary to the weight of the evidence.
• When it's best: This motion can be particularly advantageous if the court granted summary judgment against you (as opposed to merely granting summary adjudication on certain issues), as it provides an opportunity to identify and argue against the specific flaws in the court's reasoning or the evidence presented. It allows the trial court to correct its own potential mistakes, which can avoid the more lengthy and costly appellate process.
• Grounds: Common grounds include:
  • Irregularity in the proceedings or court order.
  • Misconduct of the jury or adverse party.
  • Accident or surprise that ordinary prudence could not have guarded against.
  • Newly discovered evidence material to the party making the application, which could not, with reasonable diligence, have been discovered and produced at the trial.
  • Errors in law occurring at the trial and objected to by the party.
  • Insufficient evidence to justify the verdict or other decision, or the decision is against law.
• Timeline: These motions typically have very short deadlines, often within 10 to 28 days after the entry of judgment.

2. Petition for Writ (Extraordinary Writ)

A petition for a writ, such as a writ of mandate or prohibition, is an extraordinary remedy sought from a higher court (an appellate court). It is generally used in cases where there is no adequate remedy by appeal, or when the trial court's action is a clear abuse of discretion or exceeds its jurisdiction, causing irreparable harm.

• Purpose: To compel a lower court to perform a required act (mandate) or to stop it from performing an unlawful act (prohibition).
• When it's best: Writs are rarely granted for a summary judgment order itself because the standard appellate process usually serves as an adequate remedy. However, they might be considered in highly unusual circumstances where the summary judgment order is seen as an extreme overstep of judicial authority, or if waiting for a final judgment and appeal would cause irreversible damage.
• Difficulty: Obtaining a writ is a high bar, as these are discretionary remedies and not a right.

3. Appeal

The most common and definitive next step after a final summary judgment is to file an appeal with a higher court.

• Purpose: To ask an appellate court to review the trial court's decision for legal errors. The appellate court does not typically reconsider facts but focuses on whether the law was applied correctly.
• When it's best: An appeal is the standard route for challenging a final judgment. If the summary judgment disposed of the entire case, it becomes a final, appealable order.
• Process:
  • Notice of Appeal: The first crucial step is filing a timely notice of appeal, typically within 30 to 60 days after the entry of judgment, depending on the jurisdiction. Failure to meet this deadline can result in the loss of appeal rights.
  • Record Preparation: The parties must ensure the appellate court has all necessary documents and transcripts from the trial court proceedings.
  • Briefing: Both parties submit written arguments (appellate briefs) explaining why the trial court's decision should be affirmed or reversed.
  • Oral Argument: In some cases, the parties may present their arguments orally to a panel of appellate judges.
  • Decision: The appellate court issues a written opinion affirming, reversing, or modifying the trial court's decision, or sending it back for further proceedings.
• Considerations: Appeals are often time-consuming and expensive. A thorough assessment of the legal errors, the strength of the arguments, and the potential costs versus benefits is essential before pursuing an appeal. For more information on the appellate process, you can refer to resources on how the appellate courts work.

Summary of Post-Judgment Options

The following table summarizes the primary options available after a summary judgment:

Navigating these post-judgment options requires careful legal analysis and strategic planning, often under tight deadlines. Consulting with legal counsel is crucial to determine the most appropriate next step based on the specifics of your case.