Advisory to the Pro Se Litigant #13: Avoiding Trial When One Can Win -- As a Matter of Law

What if the facts discovered in discovery make it clear I should win, can I avoid a trial? Yes, it’s time to consider a Motion for Summary Judgment. There are certain occasions during the proceedings when a party may request that the court either dismiss the case or summarily rule in its favor, without letting the case proceed to trial. There are generally two situations in which this may arise. First, as discussed above, after the complaint is first filed, a defendant may file a “Motion to Dismiss.” After “discovery” occurs, either party may file a “motion for summary judgment.” A motion for summary judgment is a request by one party to the court to rule “summarily” in its favor. A party is entitled to summary judgment if it can show that there is no reasonable way that the opposing party could win. Maryland Circuit Court Rule 2-501(a) states: “Any party may make a motion for summary judgment on all or part of an action on the ground that there is no genuine dispute as to any material fact and that the party is entitled to judgment as a matter of law…” This means that to win on summary judgment, the moving party must show that even if all the facts are viewed in the light most favorable to the opposing party, there is no reasonable way a fact-finder, such as a jury, would rule in favor of the opposing party. For instance, let’s say you are being sued for damages caused by a hit-and-run accident, but you have uncontroversial proof that you and your vehicle were in a different state on the date of the hit and run, and it seems as the injured party does not have contrary evidence to explain why he or she thinks you are the party at fault. In that situation, a motion for summary judgment would be appropriate, because there is no genuine dispute as to ant material fact, thus you are entitled to summary judgment as a matter of law.