Motion for Summary Judgment/Partial Summary Judgment in Virginia

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

Understanding the Purpose and Significance of a Motion for Summary Judgment

“[A] motion for summary judgment should be granted only when it is clear that there is no genuine issue of fact to be tried and inquiry concerning the facts is not desirable to clarify the application of the law.” (See Greenfield v. BTIC Invs., No. 20-0006, at *1 (W. Va. Aug. 27, 2021).)

“Summary judgment is appropriate where the record taken as a whole could not lead a rational trier of fact to find for the nonmoving party, such as where the nonmoving party has failed to make a sufficient showing on an essential element of the case that it has the burden to prove.” (See id.)

“Summary judgment is only available when there are no material facts genuinely in dispute.” (See Condominium Serv. v. First Owners' Ass'n (2011) 281 Va. 561, 574-75; Fultz v. Delhaize Am., Inc. (2009) 278 Va. 84, 88, 677 S.E.2d 272, 274.)

“Summary judgment is not appropriate if reasonable persons may draw different conclusions from the evidence.” (See id.)

“Where there is no evidence to submit to a jury on an affirmative defense, and the evidence otherwise entitles a plaintiff to relief, summary judgment is appropriate.” (See Whitt v. Godwin (1965) 205 Va. 797, 802, 139 S.E.2d 841, 845.)

Procedural Steps Involved in Filing a Motion for Summary Judgment

Rule 3:20 of the Virginia Court Rules governs motions for summary judgment.

The rule states, “any party may make a motion for summary judgment at any time after the parties are at issue, except in an action for divorce or for annulment of marriage.” (See Va. R. Sup. Ct. 3:20.)

“If it appears from the pleadings, the orders, if any, made at a pretrial conference, the admissions, if any, in the proceedings, that the moving party is entitled to judgment, the court shall grant the motion.” (See id.)

“Summary judgment, interlocutory in nature, may be entered as to the undisputed portion of a contested claim or on the issue of liability alone although there is a genuine issue as to the amount of damages.” (See id.)

“Summary judgment may not be entered if any material fact is genuinely in dispute.” (See id.)

“No motion for summary judgment or motion to strike the evidence will be sustained when based in whole or in part upon any discovery depositions under Rule 4:5, unless all parties to the action agree that such deposition may be so used, or unless the motion is brought in accordance with the provisions of subsection B of § 8.01-420.” (See id.)

As further provided in subsection C of § 8.01-420, depositions and affidavits may be used to support or oppose a motion for summary judgment in any action where the only parties to the action are business entities and the amount at issue is $50,000 or more.” (See id.)

Standard of Review in Deciding a Motion for Summary Judgment

"[T]he circuit court's function at the summary judgment stage is not to weigh the evidence and determine the truth of the matter, but it is to determine whether there is a genuine issue for trial.” (See Greenfield v. BTIC Invs., No. 20-0006, at *1 (W. Va. Aug. 27, 2021).)

"The party opposing summary judgment must satisfy the burden of proof by offering more than a mere 'scintilla of evidence’ and must produce evidence sufficient for a reasonable jury to find in a nonmoving party's favor." (See id.)

“In an appeal from a circuit court's decision to grant or deny summary judgment, we review the application of the law to undisputed facts de novo." (See Stahl v. Stitt (2022) 301 Va. 1, 8; Salahuddin v. Commonwealth, No. 0705-22-2, at *4 (Va. Ct. App. Jan. 31, 2023).)

Legal Precedents and Case Law on a Motion for Summary Judgment

It is well settled that “summary judgment is inappropriate if any material fact is genuinely in dispute.” (See Gilmore v. Basic Industries (1987) 233 Va. 485, 489.)

As such, it is also well settled that “a trial court may enter summary judgment only if no material fact is genuinely in dispute. The court, in considering a motion for summary judgment, must adopt those inferences from the facts that are most favorable to the nonmoving party, unless such inferences are strained, forced, or contrary to reason.” (See Renner v. Stafford (1993) 245 Va. 351, 353, 429 S.E.2d 218, 220; United Leasing Corp. v. Thrift Ins. Corp. (1994) 247 Va. 299, 301-02.)