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A party who files a motion for summary judgment asks the court to decide all or part of a case without the need for a trial. The moving party must show that there is no genuine issue of material fact and that the undisputed facts entitle the moving party to judgment as a matter of law. Because the function of a trial is decide disputed factual issues, if there are no such disputes, a trial is unnecessary.
A fact is “material” if it would affect the outcome of the suit. An issue is “genuine” where a reasonable finder of fact could return a verdict for the non-moving party.
Accordingly, a party opposing a motion for summary judgment must show either: (1) that there is a genuine dispute as to at least one material fact, or (2) that even if the facts are undisputed, the governing law, applied to those undisputed facts, does not require judgment of the moving party.
