A summary judgment in an Indiana personal injury case is a court decision made before trial when there are no disputed material facts. Either party can file a motion for summary judgment if they believe the facts of the case are on their side.
Summary judgment allows the court to streamline proceedings, saving time and resources by resolving clear-cut cases promptly. To succeed, the moving party must demonstrate that there is no genuine issue of material fact and that they are entitled to judgment as a matter of law.
Table of Contents
- 1 What Is Summary Judgment in Indiana?
- 2 Who May Request a Summary Judgment?
- 3 Advantages and Disadvantages of Summary Judgment
- 4 Can My Attorney Prevent a Summary Judgment from the At-Fault Party?
- 5 The Summary Judgment Process
- 6 What Happens After a Summary Judgment Is Granted?
- 7 Are There Time Limits for Requesting a Summary Judgment?
- 8 Can a Summary Judgment Be Appealed?
- 9 Contact an Indiana Personal Injury Lawyer
What Is Summary Judgment in Indiana?
Summary judgments are a way for one party in a civil case to have the judge issue a ruling based on the facts of the case before it ever goes to trial. The purpose of summary judgment is to avoid wasting time and money on a lengthy trial with an obvious outcome.
When a party files a motion for summary judgment, they must provide evidence showing that there is no dispute about any material fact in the case. They must also show that those undisputed facts mean they would win the case if it were to go to trial.
For example, in negligence cases, there would be no disagreement regarding the following:
- The defendant owed the plaintiff a duty of care.
- The defendant breached the duty of care.
- The breach of duty caused the plaintiff’s injuries.
- The plaintiff suffered damages for which the court can compensate them.
Who May Request a Summary Judgment?
According to the Indiana Rules of Trial Procedure, either party in a personal injury case can request a summary judgment. However, there are slightly different rules for the claimant (the party filing the lawsuit) and the defending party.
A claimant can only file a motion for summary judgment 20 days after initially filing their complaint. This waiting period gives the defending party enough time to collect evidence that could support their case against the motion.
The other party can file a motion for summary judgment as soon as they wish. But if they do, the claimant can also file a motion before the 20-day waiting period expires.
In most personal injury cases, it’s the defense that files a motion of summary judgment as a way to get the claim against them dismissed. However, if the plaintiff’s case is so strong that there is no viable defense, the plaintiff may choose to file a motion for summary judgment.
Advantages and Disadvantages of Summary Judgment
The most significant advantage of a summary judgment is that it avoids the costly and lengthy process of going to trial. Claimants who win a summary judgment can receive compensation much faster than if they had to go through a months-long court process. Defending parties who win a summary judgment, meanwhile, can avoid the attorney fees and other costs they would have incurred throughout the full court process.
On the other hand, the main disadvantage of a summary judgment is that there is no jury trial. As someone who was injured because of someone else’s negligence, you may want to go all the way to trial. You may believe you have a good case against the at-fault party and that jurors will side with you, awarding you ample compensation for your injuries. If so, you don’t want the defending party to file for summary judgment.
Can My Attorney Prevent a Summary Judgment from the At-Fault Party?
If the at-fault party files for summary judgment in your case, you will have 30 days to gather evidence to counter their claim that there is no dispute about the material facts and that the facts side with the defending party. During these 30 days, your attorney will build a case to show the judge either of the following:
- A material fact exists regarding genuine issues involved in the case, so the case should proceed to trial; or
- There is no dispute regarding any material issue, but the facts of the case back up your claim, so the judge should decide the summary judgment in your favor.
The lawyers involved in the case present their arguments through written briefs, but there are also sometimes oral arguments regarding these matters.
The Summary Judgment Process
The summary judgment process has five key steps:
- One of the parties initiates the process by filing a motion for summary judgment along with their evidence. When a party files for summary judgment, they take on the burden of proof.
- The non-moving party has 30 days to respond to the motion and provide their own evidence if they choose.
- The judge sets a hearing date no later than ten days after the opposing party filed their response.
- The judge reviews the evidence presented by both sides to determine whether to grant the summary judgment and, if so, to whom.
- The judge issues their ruling, either ending the case or putting it back on course to go to trial.
What Happens After a Summary Judgment Is Granted?
If a judge grants summary judgment, they can issue a full or partial judgment. A full judgment means the case is over, and the court issues a final ruling in favor of one party. A partial judgment means that the judge only resolved some issues and that other issues still need to go to trial.
In the event of a partial judgment, the facts that the judge determined are resolved cannot be disputed further at trial. However, if either party disagrees with how the matters were decided, they can appeal the decision for a higher court to review.
Are There Time Limits for Requesting a Summary Judgment?
The only time limits associated with summary judgments are:
- The initial 20-day waiting period before a claimant can file a motion
- The 30-day period within which the opposing party can respond to the initial motion
There is no limit on either party’s ability to request a summary judgment after a set period. However, most requests come between the discovery and trial phases.
Can a Summary Judgment Be Appealed?
The losing party can appeal a summary judgment. However, they can’t introduce new material facts. The parties must have designated all material facts and their corresponding evidence earlier in the summary judgment process.
Contact an Indiana Personal Injury Lawyer
Did you suffer injuries due to someone else’s careless actions? Contact Truitt Law Offices to speak with one of our knowledgeable personal injury attorneys. We’ll review the facts of your case, discuss your legal options, answer any questions you have, and advise on your best path forward.
