Motion for Summary Judgment/Partial Summary Judgment in Maryland

What Is a Motion for Summary Judgment/Partial Summary Judgment?

Understanding the Purpose and Significance of a Motion for Summary Judgment

“Summary judgment is proper when there is no genuine dispute as to any material fact and that the [moving] party is entitled to judgment as a matter of law." (See Md. Rule 2-501(a); Bd. of Cnty. Comm'rs of St. Mary's Cnty. v. Aiken, No. 28-2022, at *20 (Md. June 20, 2023).)

“The function of a summary judgment proceeding is not to try the case or to attempt to resolve factual issues, but to determine whether there is a dispute as to a material fact sufficient to provide an issue to be tried." (See Berkey v. Delia (1980) 287 Md. 302, 304; Mbongo v. Bombardier Transp. Servs. USA Corp., No. 1609, at *9 (Md. Ct. Spec. App. Oct. 26, 2017).)

“The critical question in deciding the propriety of summary judgment is whether there is a dispute of material fact.” (See Thompson v. Baltimore County (2006) 169 Md. App. 241, 247.)

“It is the movant's burden to prove that no such dispute exists, regardless of any opposition.” (See id; Montgomery v. Remsburg (2002) 147 Md.App. 564, 585-86, 810 A.2d 14, rev'd on other grounds, Remsburg v. Montgomery (2003) 376 Md. 568, 831 A.2d 18 [explaining that even if the opponent of summary judgment did not proffer an affidavit or any other admissible evidence in defense of that motion, that failure alone does not justify the grant of summary judgment because the moving party bears the burden of establishing that there is no dispute of material fact].)

Procedural Steps Involved in Filing a Motion for Summary Judgment

“Pursuant to Maryland Rules of Civil Procedure, Rule 2-501(a) any party may file a written 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.” (See Md. R. Civ. P. Cir. Ct. 2-501; Avissar v. Westlake Terrace Condo., No. 0562, at *7 n.6 (Md. Ct. Spec. App. July 20, 2021).)

“The motion shall be supported by affidavit if it is:

filed before the day on which the adverse party's initial pleading or motion is filed or
based on facts not contained in the record.”

(See id.)

“A motion for summary judgment may not be filed:

after any evidence is received at trial on the merits, or
unless permission of the court is granted, after the deadline for dispositive motions specified in the scheduling order entered pursuant to Rule 2-504(b)(1)(E).”

(See id.)

“A response to a motion for summary judgment shall be in writing and shall:

identify with particularity each material fact as to which it is contended that there is a genuine dispute and
as to each such fact, identify and attach the relevant portion of the specific document, discovery response, transcript of testimony (by page and line), or other statement under oath that demonstrates the dispute.”

(See Md. R. Civ. P. Cir. Ct. 2-501(b); Johnson v. Wexford Health Sources Inc., No. 1736-2021, at *14 (Md. Ct. Spec. App. Nov. 2, 2022).)

“A response asserting the existence of a material fact or controverting any fact contained in the record shall be supported by an affidavit or other written statement under oath.” (See id.)

Discretion of the Court in Deciding a Motion for Summary Judgment

"We review the circuit court's grant of summary judgment de novo." (See Bd. of Cnty. Comm'rs of St. Mary's Cnty. v. Aiken, No. 28-2022, at *20 (Md. June 20, 2023); Gambrill v. Bd. of Educ. of Dorchester Cnty., 481 Md. 274, 297, 281 A.3d 876, 889 (2022).)

"We conduct an independent review of the record to determine whether a general dispute of material facts exists and whether the moving party is entitled to judgment as a matter of law." (See id.)

“This Court do[es] not endeavor to resolve factual disputes, but merely determine[s] whether they exist and are sufficiently material to be tried." (See id.)

"In reviewing a declaratory judgment entered pursuant to a motion for summary judgment, we determine whether it was correct as a matter of law and accord no deference to the [circuit] court's legal conclusions." (See Bd. of Cnty. Comm'rs of St. Mary's Cnty. v. Aiken, No. 28-2022, at *20 (Md. June 20, 2023); Emerald Hills Homeowners' Ass'n, Inc. v. Peters (2016) 446 Md. 155, 161, 130 A.3d 469, 473.)

"[W]e review only the grounds upon which the trial court relied in granting summary judgment." (See Mbongo v. Bombardier Transp. Servs. USA Corp., No. 1609, at *9 (Md. Ct. Spec. App. Oct. 26, 2017).)

“We are mindful that summary judgment is generally not advisable in tort actions, constitutional cases, and cases that raise fraud or intent due to the need for greater than usual factual development[.]" (See id; Berkey v. Delia (1980) 287 Md. 302, 305-06.)

Legal Precedents and Case Law on a Motion for Summary Judgment

It is well settled that “too defeat a motion for summary judgment, the party opposing the motion must produce evidence demonstrating that the parties genuinely dispute a material fact.” (See Mbongo v. Bombardier Transp. Servs. USA Corp., No. 1609, at *8-9 (Md. Ct. Spec. App. Oct. 26, 2017); College of Notre Dame of Maryland, Inc. v. Morabito Consultants, Inc. (2000) 132 Md. App. 158, 166-67; Blackwell v. CSX Transp., Inc. (2014) 220 Md. App. 113, 120.)

It is also well settled that “a material fact is one that will alter the outcome of the case, depending upon how the fact-finder resolves the dispute." (See id.)

Dockets for Motion for Summary Judgment/Partial Summary Judgment in Maryland

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Andrew Brenner vs. Gloria Bolyard

Filed

May 08, 2024

Status

Active

Court

Frederick County

County

Frederick County, MD

Case #