In some cases, there is no dispute about the facts in the case and so no reason to have a trial. After the Defendant files the Answer, if it looks like the parties agree on the facts, either party can file a motion that may end the case without a trial.
One of the main points of a trial is for the judge to decide which party's facts are true.
For example, imagine George sues Sue for $100. George says he professionally cleaned all of Sue's carpets but she didn't pay him. Sue says she did pay him in cash. At a trial, both George and Sue can testify about what happened, and can call other witnesses to testify about what happened. Then the judge decides which facts are true: did Sue pay George or not? Once the judge decides that fact, the case is easy. If Sue paid George, George loses. If Sue did not pay George, she loses and the Court orders her to pay him.
But if the parties agree about the facts, there may be no reason for a trial.
For example, using the same facts as above, imagine that George files a Complaint to Collect a Debt against Sue. Sue files an Answer, and states that she has not paid George, but that she keeps calling him and asking to make a payment plan because she doesn't have the money right now. There is no disagreement about the facts: Sue admits she did not pay George. The court does not have to have a trial to know that Sue has to pay George.
If there are no facts to argue, the case may be resolved by a Motion for Summary Judgment or a Motion for Judgment on the Pleadings. They are similar except:
You can read more about how to file or respond to a Motion for Summary Judgment or a Motion for Judgment on the Pleadings.
A Motion for Summary Judgment is a request to the court to decide the case without a trial because:
If the judge agrees that there are no factual disputes, the judge will decide the case without a trial by deciding how the law applies to the facts. If the other side does not file an Opposition to the Motion for Summary Judgment, the judge will decide the case without a trial based only on the information provided by the party who filed the motion.
If you think there are no disagreements about the facts, or if you think the other party does not have evidence to prove the facts to win the case, you can file these 2 documents together:
Motion, Memorandum & Affidavit for Summary Judgment
Caption: Fill out the caption by circling "District" and filling out the top part of the first page with the court location, party names, and case number exactly as it is filled in on the Complaint.
Name: Write your name on the line provided in the first paragraph.
Fill out the Affidavit of facts that are not disputed (you can add pages if necessary) and explain that you do not need a trail for the judge to decide which facts are true because:
You can read more about filling out the Affidavit.
Hearing: If you want a hearing about the motion, check the box asking for a hearing. The court is not required to have a hearing, so your motion must include all the facts and arguments. Sometimes even if the parties do not ask for a hearing, the judge may schedule one to better understand the issues. If there will be a hearing, the court will send both parties a Notice that includes the date, time and location.
Attach other documents that show your side of the story: If there are documents that support the facts you are arguing (contracts, written agreements, invoices, letters, etc.), attach them to your Motion, Memorandum & Affidavit for Summary Judgment.
Attach other affidavits that show your side of the story: If there are other people with firsthand knowledge of facts you are talking about, they can fill out an affidavit telling what they know. Their affidavits need to be signed in front of a notary public. Attach the affidavits to your Motion, Memorandum & Affidavit for Summary Judgment. You can use:
Sign in front of a notary or a court clerk: Fill in your contact information. It is important that the court always have current contact information for you so you can be notified of orders or court hearings. This form includes an affidavit that you must sign in front of an official, such as a court clerk or notary public, showing your ID. The court clerks can notarize your signature for free, but make sure to bring your ID.
Proposed Order - Fill out the caption just like you did in the Motion. Check the box to grant the motion but leave the rest blank for the judge to fill in. Leave the signature blank because that is for the judge to sign to grant your Motion for Summary Judgment.
File and Serve your Motion, Memorandum & Affidavit for Summary Judgment and Order:
Make 2 copies of your Motion, Memorandum and Affidavit for Summary Judgment and Order (so you have 2 copies and the original)
The affidavit is where you explain the facts that you believe mean you win the case. The facts should be:
Your affidavit must show you have personal knowledge of the facts you are discussing. If you saw something happen, or were part of making it happen, you have firsthand knowledge. For example, if you say, "The Defendant and I entered into a contract to paint my house," or "The Plaintiff and I had a conversation in July and decided to change our agreement," your statement shows you were present. Include all details that explain your side of the story.
Here are 2 examples that a party could argue in a Motion for Summary Judgment.
Example 1: Facts the other side does not disagree with
The Plaintiff could file a Motion for Summary Judgment and write in the Affidavit section:
"The Defendant admitted to owing the debt. The Defendant stated it has been more than three years so I cannot sue. But the Defendant made a payment to me three months ago which started the clock over so the affirmative defense that I took too long to bring this lawsuit is not valid. I am attaching a copy of the check the Defendant wrote me. It shows he wrote the check on March 24 of this year. Because there is no disagreement that Defendant owes me the debt, and because I showed that the only affirmative defense he raised is not true, the court should decide in my favor and enter a $1,200 judgment which is the amount I requested in the Complaint."
The Defendant did not agree in the Answer to writing the check, but the Plaintiff can still file a Motion for Summary Judgment if he or she believes the Defendant will not be able to deny the evidence of writing the check on March 24th. The Defendant has a chance to file an Opposition to the Motion and swear under oath that there was no payment, or to argue the Plaintiff is applying the wrong law. But if the Defendant made the payment and the law is correct, there is no reason to have a trial because there are no facts for the judge to decide. The Defendant admitted owing the debt and no longer had an affirmative defense so the Plaintiff could win and the court could enter a judgment for the Plaintiff.
Example 2: One party does not have enough evidence to win the case
The Defendant could file a Motion for Summary Judgment and write in the affidavit section:
"The Plaintiff says it bought a debt that I owe. I asked the Plaintiff through discovery for evidence it bought the debt. The Plaintiff does not have the original contract and later contracts selling and buying the debt, or affidavits from people who work for the buyer and seller that have firsthand experience and knowledge about how business records are kept that can prove the purchase records are real and accurate. Because the Plaintiff does not have evidence to prove it owns the debt, I should win this case."
The Plaintiff has a chance to file an Opposition to the Motion and show that it has enough evidence to prove it owns the debt. But if the Plaintiff cannot show it has evidence to prove it owns the debt, there is no reason to have a trial, and the court could dismiss the Plaintiff's case and the Defendant could win.
You can oppose a Motion for Summary Judgment by filing these 2 documents together:
You have 18 days from the date the Motion for Summary Judgment was mailed to you to file an Opposition, starting the day the letter was postmarked, or 15 days from the day you received it if it was hand delivered to you.
The goal of the Opposition is to show the court that there are important facts in dispute that you can prove, so the court should hold a trial and allow both sides to provide evidence and argue their positions about the disputed facts.
You must state specifically which facts you disagree with and explain the evidence you have to prove your side of the story. If you don't state which facts are disputed and the evidence you have to prove your version of the facts, the court may grant the Motion for Summary Judgment based on what the other party argued. If you do not file anything, the judge will decide the case without a trial and without considering your side of the story.
Opposition to Motion, Memorandum and Affidavit for Summary Judgment
Caption: Fill out the caption by circling "District" and filling out the top part of the first page with the court location, party names, and case number exactly as it is filled in on the Complaint.
Name: Write you name on the line provided in the first paragraph.
Fill out the Affidavit of Disputed Facts (you can add pages if necessary) and explain
You can read more about filling out the Affidavit.
Hearing: If you want a hearing about the motion, check the box asking for a hearing. The court is not required to have a hearing, so your motion must include all the facts and arguments. Sometimes even if the parties do not ask for a hearing, the judge may schedule one to better understand the issues. If there will be a hearing, the court will send both parties a Notice that includes the date, time and location.
Mark the list of included documents
Attach other documents that show your side of the story: If there are documents that support the facts you have in your Opposition (contracts, written agreements, invoices, letters, etc.), attach them to your Opposition.
Attach other affidavits that show your side of the story: If there are other people with firsthand knowledge of facts you are talking about, they can fill out an affidavit telling what they know. Their affidavits need to be signed in front of a notary public. Attach the affidavits to your Opposition.
Sign in front of a notary or a court clerk: Fill in your contact information. It is important that the court always have current contact information for you so you can be notified of orders or court hearings. This form includes an affidavit that you must sign in front of an official, such as a court clerk or notary public, showing your ID. The court clerks can notarize your signature for free, but make sure to bring your ID.
Proposed Order - Fill out the caption just like you did on the Opposition. Check the box to deny the motion but leave the rest blank for the judge to fill in. Leave the signature blank because that is for the judge to sign to deny the other side's Motion for Summary Judgment.
File and Serve your Opposition and Order
Make 2 copies of your Opposition & Affidavit to Motion for Summary Judgment and Order (so you have 2 copies and the original)
The affidavit is where you explain:
Your affidavit must show you have personal knowledge of the event or issues you are discussing. If you saw something happen, or were part of making it happen, you have firsthand knowledge. For example, if you say, "The Defendant and I entered into a contract to paint my house," or "The Plaintiff and I had a conversation in July and decided to change our agreement," your statement shows you were present. Include all details that explain your side of the story. The judge will not accept your facts if you just say, "I disagree." You have to explain the evidence you have that shows the other side's facts are not true.
Here is an example of disputed facts that likely would affect the outcome of whether the Plaintiff wins a Motion for Summary Judgment because they show the judge that the parties disagree about a fact that determines who wins at trial:
"The Plaintiff's affidavit in the Motion for Summary Judgment did not tell the whole story. We did sign an agreement on July 28 and the Plaintiff agreed to loan me $1,000 so I could fix my car. We initially agreed I would pay the $1,000 back after I got my PFD in October. However, in August, Plaintiff's shed was destroyed when a tree fell on it. We then agreed that instead of me paying back the $1,000 from my PFD money in October, I would build the Plaintiff a new shed to pay off the $1,000 debt. I built the shed in September and have attached a photo I took of the completed shed. The Plaintiff and I disagree about whether or not I met my obligation to pay back the money so the court should not grant the Motion for Summary Judgment and should have a trial to consider all of the relevant evidence."
In this example, the Defendant explained to the court that he and the Plaintiff disagree about whether or not the Defendant met his obligation to pay the Plaintiff $1,000, and he explained his evidence (his memory of the conversation and the picture of the shed). Because he presented a factual disagreement, the court likely will deny the Motion for Summary Judgment and have a trial to decide which party is telling the truth.
Here is an example of disputed facts that likely would not affect the outcome of whether the Plaintiff wins a Motion for Summary Judgment because the disagreement is about a fact that does not affect who wins at trial.
"The Plaintiff said I borrowed $1,000 to fix my car to get to work. I disagree. I needed to fix my car so I could get to medical appointments, and I am including receipts from the doctor to prove it."
In this example the reason the Defendant needed to fix the car (to get to work or go to medical appointments) likely won't affect the outcome of the Motion for Summary Judgment because the real issue is whether she borrowed the $1,000 and didn't pay it back according to the terms in the agreement.
Yes. After you read the other party's Opposition, you can file a Reply if you have new arguments to make and are filing within 8 days or receiving the Opposition by mail or within 5 days of receiving it by hand delivery. You do not need to repeat what was in your Motion, Memorandum & Affidavit for Summary Judgment. You only need to reply if there is something new that you want to argue based on what the other party wrote in the Opposition. You can file:
Caption: Fill out the caption by circling "District" and filling out the top part of the first page with the court location, party names, and case number exactly as it is filled in on the Complaint.
Name: Write you name on the line provided in the first paragraph.
Fill in facts and law: List any new facts or law that you want to tell the court in response to what the other party wrote in the Opposition. You do not need to repeat what you wrote in your Motion, Memorandum & Affidavit for Summary Judgment. You can add pages if necessary.
Sign: Sign and fill in your contact information. It is important that the court always have current contact information for you so you can be notified of orders or court hearings.
File and Serve your Reply
Make 2 copies of your Reply (so you have 2 copies and the original)
No, the Reply is the last document that can be filed. The judge will read the Motion for Summary Judgment, Opposition and Reply if filed and decide whether to grant or deny the motion.
If the judge grants the Motion for Summary Judgment, it means the judge agrees that there are not relevant facts that need to be addressed at trial. So there won't be a trial where the parties will make arguments and present evidence to support them. Instead, the judge will make a decision, usually in favor of the party that filed the successful Motion for Summary Judgment.
If the judge denies the Motion for Summary Judgment, it means the judge thinks there are relevant facts that need to be addressed at trial. So there will be a trial where the parties will make arguments and present evidence to support them. After hearing that evidence, the judge will make a decision about the issues in the case.
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A Motion for Judgment on the Pleadings is a request to the court to decide the case without a trial because:
If the judge agrees that there is no factual dispute, the judge will decide the case without a trial by deciding how the law applies to the facts. If the other side does not file an Opposition to the Motion for Judgment on the Pleadings, the judge will decide the case without a trial based only on the information provided by the party who filed the motion.
If the Complaint and Answer do not have any disagreements about relevant facts, you can file these 2 documents together:
Motion
Caption: Fill out the caption by circling "District" and filling out the top part of the first page with the court location, party names, and case number exactly as it is filled in on the Complaint.
Name: Write you name on the line provided in the first paragraph.
List the facts and law. State the facts that are not disputed that show you win under the law. You can add pages if necessary.
For example, if your Complaint said:
And the Defendant wrote in his Answer:
The Plaintiff could file a Motion for Judgment on the Pleadings and write:
Hearing: If you want a hearing about the motion, check the box asking for a hearing. The court is not required to have a hearing, so your motion must include all the facts and arguments. Sometimes even if the parties do not ask for a hearing, the judge may schedule one to better understand the issues. If there will be a hearing, the court will send both parties a Notice that includes the date, time and location.
Sign: Sign and fill in your contact information. It is important that the court always have current contact information for you so you can be notified of orders or court hearings.
Proposed Order - Fill out the caption just like you did on the Motion. Check the box to grant the motion. Leave the signature blank because that is for the judge to sign to grant your Motion for Judgment on the Pleadings.
File and Serve your Motion for Judgment on the Pleadings and Order
Make 2 copies of your Motion for Judgment on the Pleadings and Order (so you have 2 copies and the original)
You can oppose a Motion for Judgment on the Pleadings by filing:
You have 18 days from the date the Motion for Judgment on the Pleadings was mailed to you to file an Opposition, starting the day the letter was postmarked, or 15 days from the day you received it if it was hand delivered to you.
The goal of the Opposition is to show the court that there are important facts in dispute, so the court should hold a trial and allow both sides to provide evidence and argue their positions about the disputed facts.
You must state specifically which facts you disagree with and explain the evidence you have to prove your side of the story. If you don't state which facts are disputed and the evidence you have to prove your version of the facts, the court may grant the Motion for Judgment on the Pleadings based on what the other party argued. If you do not file anything, the judge will decide the case without a trial and without considering your side of the story.
Caption: Fill out the caption by circling "District" and filling out the top part of the first page with the court location, party names, and case number exactly as it is filled in on the Complaint.
Name: Write you name on the line provided in the first paragraph.
Fill out the Affidavit of Disputed Facts (you can add pages if necessary)
The affidavit is where you explain
Your affidavit must show you have personal knowledge of the event or issues you are discussing. If you saw something happen, or were part of making it happen, you have firsthand knowledge. For example, if you say, "The Defendant and I entered into a contract to paint my house," or "The Plaintiff and I had a conversation in July and decided to change our agreement," your statement shows you were present. Include all details that explain your side of the story. The judge will not accept your facts if you just say, "I disagree." You have to explain the evidence you have that shows the other side's facts are not true. You can see an example of disputed facts and how they can affect the outcome in the next FAQ.
Hearing: If you want a hearing about the motion, check the box asking for a hearing. The court is not required to have a hearing, so your motion must include all the facts and arguments. Sometimes even if the parties do not ask for a hearing, the judge may schedule one to better understand the issues. If there will be a hearing, the court will send both parties a Notice that includes the date, time and location.
Sign in front of a notary or a court clerk: Fill in your contact information. It is important that the court always have current contact information for you so you can be notified of orders or court hearings. This form includes an affidavit that you must sign in front of an official, such as a court clerk or notary public, showing your ID. The court clerks can notarize your signature for free, but make sure to bring your ID.
Attach other Affidavits that show your side of the story
If there are other people with firsthand knowledge of facts you are talking about, they can fill out an affidavit telling what they know. Their affidavits need to be signed in front of a notary public. Attach the affidavits to your Opposition.
Attach other documents that show your side of the story
If there are documents that support the facts you have in your Opposition (contracts, written agreements, invoices, letters, etc.), attach them to your Opposition.
Proposed Order - Fill out the caption just like you did on the Opposition. Check the box to deny the motion but leave the rest blank for the judge to fill in. Leave the signature blank because that is for the judge to sign to deny the other side's Motion for Judgment on the Pleadings.
File and Serve your Opposition
Make 2 copies of your Opposition & Affidavit to Motion for Judgment on the Pleadings (so you have 2 copies and the original)
Here is an example of disputed facts that likely would affect the outcome of whether the Plaintiff wins a Motion for Judgment on the Pleadings because they show the judge that the parties disagree about a fact that determines who wins at trial:
"The Motion for Judgment on the Pleadings says I admitted to owing the Plaintiff $500 in my Answer. That is true, but there are other important facts. After I lost my job, I wanted to do right and offered to do $500 worth of other work for free to make up for the $500 cash that I couldn't pay at the time. On March 15, I went to the Plaintiff's house in the evening and explained my situation and offered to clean his house for the equivalent of $50/hour for a total of 10 hours. Plaintiff agreed and we discussed that it would take 2 hours to clean the whole house so it would take 5 cleaning sessions to pay off the $500 I owed. I planned to clean every other Friday morning. I cleaned the Plaintiff's house 3 times: the last Friday in March, and the second and fourth Fridays in April. After that, the Plaintiff left the state for work so the Plaintiff said the house wasn't dirty and didn't need cleaning during his absence. The Plaintiff never told me when he got back to Alaska and I didn't hear from him until I received the Complaint. The court should consider this important fact which shows that Plaintiff and I changed our agreement and I was in the process of paying the rest of the money and deny the Plaintiff's Motion for Judgment on the Pleadings."
In this example, the Defendant explained to the court that she and the Plaintiff disagree about whether or not the Defendant met his obligation to pay the Plaintiff $500, and she explained her evidence (her memory of the conversation). Because she presented a factual disagreement, the court likely will deny the Motion for Judgment on the Pleadings and have a trial to decide which party is telling the truth.
Here is an example of disputed facts that likely would not affect the outcome of whether the Plaintiff wins a Motion for Judgment on the Pleadings because the disagreement is about a fact that does not affect who wins at trial.
"The Plaintiff said I borrowed $1,000 to fix my car to get to work. I disagree. I needed to fix my car so I could get to medical appointments, and I am including receipts from the doctor to prove it."
In this example the reason the Defendant needed to fix the car (to get to work or go to medical appointments) likely won't affect the outcome of the Motion for Judgment on the Pleadings because the real issue is whether she borrowed the $1,000 and didn't pay it back according to the terms in the agreement.
Yes. After you read the other party's Opposition, you can file a Reply if you have new arguments to make and are filing within 8 days or receiving the Opposition by mail or within 5 days of receiving it by hand delivery. You do not need to repeat what was in your Motion for Judgment on the Pleadings. You only need to reply if there is something new that you want to argue based on what the other party wrote in the Opposition. You can file:
Caption: Fill out the caption by circling "District" and filling out the top part of the first page with the court location, party names, and case number exactly as it is filled in on the Complaint.
Name: Write you name on the line provided in the first paragraph.
Fill in facts and law: List any new facts or law that you want to tell the court in response to what the other party wrote in the Opposition. You do not need to repeat what you wrote in your Motion for Judgment on the Pleadings. You can add pages if necessary.
Sign: Sign and fill in your contact information. It is important that the court always have current contact information for you so you can be notified of orders or court hearings.
File and Serve your Reply
Make 2 copies of your Reply (so you have 2 copies and the original)
No, the Reply is the last document that can be filed. The judge will read the Motion for Judgment on the Pleadings, Opposition and Reply if filed and decide whether to grant or deny the motion.
If the judge grants the Motion for Judgment on the Pleadings, it means the judge agrees that there are not relevant facts that need to be addressed at trial. So there won't be a trial where the parties will make arguments and present evidence to support them. Instead, the judge will make a decision, usually in favor of the party who filed the successful Motion for Judgment on the Pleadings.
If the judge denies the Motion for Judgment on the Pleadings, it means the judge thinks there are relevant facts that need to be addressed at trial. So there will be a trial where the parties will make arguments and present evidence to support them. After hearing that evidence, the judge will make a decision about the issues in the case.
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