Motion for Summary Judgment/Partial Summary Judgment in Louisiana

Understanding the Purpose and Significance of a Motion for Summary Judgment/Partial Summary Judgment

“A moving party is entitled to summary judgment when it shows that there are no genuine issues of material fact and that it is entitled to judgment as a matter of law." (See Gary v. Allstate Ins. Co., 297 So. 3d 116, 118 (La. Ct. App. 2020); La.Code Civ.P. art. 966(A)(3).)

“Summary judgment is favored by law and provides a vehicle by which the just, speedy, and inexpensive determination of an action may be achieved.” (See id; La.Code Civ.P. art. 966(A)(2).)

Rules for a Motion for Summary Judgment/Partial Summary Judgment

“The summary judgment procedure is codified in La. C.C.P. art. 966(A)(3).” (See Singleton v. Dillard Univ., No. 2023-CA-0295, at *6 (La. Ct. App. Oct. 27, 2023)

“A party may move for a summary judgment for all or part of the relief for which he has prayed. A plaintiff's motion may be filed at any time after the answer has been filed. A defendant's motion may be filed at any time.” (See La. Code Civ. Proc. art. 966(A)(1).)

“The summary judgment procedure is designed to secure the just, speedy, and inexpensive determination of every action, except those disallowed by Article 969. The procedure is favored and shall be construed to accomplish these ends.” (See La. Code Civ. Proc. art. 966(A)(2).)

“After an opportunity for adequate discovery, a motion for summary judgment shall be granted if the motion, memorandum, and supporting documents show that there is no genuine issue as to material fact and that the mover is entitled to judgment as a matter of law.” (See La. Code Civ. Proc. art. 966(A)(3).)

“The only documents that may be filed or referenced in support of or in opposition to the motion are pleadings, memoranda, affidavits, depositions, answers to interrogatories, certified medical records, certified copies of public documents or public records, certified copies of insurance policies, authentic acts, private acts duly acknowledged, promissory notes and assignments thereof, written stipulations, and admissions. The court may permit documents to be filed in any electronically stored format authorized by court rules or approved by the clerk of the court.” (See La. Code Civ. Proc. art. 966(A)(4)(a).)

“Any document listed in Subsubparagraph (a) of this Subparagraph previously filed into the record of the cause may be specifically referenced and considered in support of or in opposition to a motion for summary judgment by listing with the motion or opposition the document by title and date of filing. The party shall concurrently with the filing of the motion or opposition furnish to the court and the opposing party a copy of the entire document with the pertinent part designated and the filing information.” (See La. Code Civ. Proc. art. 966(A)(4)(b).)

Standard of Review and Burden of Proof for Motion for Summary Judgment/Partial Summary Judgment

“Appellate courts review summary judgments de novo under the same criteria that govern a district court's consideration of whether summary judgment is appropriate.” (See Gary v. Allstate Ins. Co. (2020) 297 So. 3d 116, 118-19; Greemon v. City of Bossier City (2011) 2010-2828, 65 So.3d 1263, 1267; Samaha v. Rau (2008) 2007-1726, 977 So.2d 880, 882 ; Allen v. State ex rel. Ernest N. Morial–New Orleans Exhibition Hall Authority (2003) 2002-1072, 842 So.2d 373, 377.)

“In ruling on a motion for summary judgment, the judge's role is not to evaluate the weight of the evidence or to determine the truth of the matter, but instead to determine whether there is a genuine issue of triable fact.” (See Gary v. Allstate Ins. Co. (2020) 297 So. 3d 116, 118-19.)

“All doubts should be resolved in the non-moving party's favor.” (See id; Hines v. Garrett (2004) 2004-0806, 876 So.2d 764, 765.)

“A fact is material if it potentially ensures or precludes recovery, affects a litigant's ultimate success, or determines the outcome of the legal dispute. A genuine issue is one as to which reasonable persons could disagree; if reasonable persons could reach only one conclusion, there is no need for a trial on that issue and summary judgment is appropriate.” (See Gary v. Allstate Ins. Co. (2020) 297 So. 3d 116, 118-19; Hines v. Garrett (2004) 2004-0806, 876 So.2d 764, 765.)

“On motion for summary judgment, the burden of proof remains with the movant. However, if the moving party will not bear the burden of proof on the issue at trial and points out that there is an absence of factual support for one or more elements essential to the adverse party's claim, action, or defense, then the non-moving party must produce factual support sufficient to establish that he will be able to satisfy his evidentiary burden of proof at trial.” (See id.)

“If the opponent of the motion fails to do so, there is no genuine issue of material fact and summary judgment will be granted.” (See Hines v. Garrett (2004) 2004-0806, 876 So.2d 764, 765; La. C.C.P. art. 966(D)(1); see also Schultz v. Guoth (2011) 2010-0343, 57 So.3d 1002, 1006; Larson v. XYZ Ins. Co. (2017) 16-745, pp. 6-7, 226 So.3d 412, 416.)

Legal Precedents and Case Law on a Motion for Summary Judgment/Partial Summary Judgment

It is well settled that “once the moving party has properly supported the motion for summary judgment, the failure of the non-moving party to produce evidence of a material factual dispute mandates the granting of the motion.” (See Hardy v. Bowie (1999) 98-2821, p. 5, 744 So.2d 606, 610; Alden v. Lorning (2005) 904 So. 2d 24, 27.)

It is also well settled that “a material fact is one that might affect the outcome of the suit. Whether a fact is material must be determined based on the applicable substantive law.” (See Singleton v. Dillard Univ., No. 2023-CA-0295, at *6 (La. Ct. App. Oct. 27, 2023).)