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Summary Judgment: Can a Case End Without Trial?

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By

ACL

The short answer

Summary judgment lets a court decide a case, or part of it, without a trial when there is no genuine dispute over any material fact and one side is entitled to win as a matter of law. In Illinois, it is governed by section 2-1005 of the Code of Civil Procedure.

Why it matters

A summary judgment ruling can end a case, eliminate claims, or sharply change settlement leverage before the cost of trial.

Where it fits in your case

Usually after discovery, once the evidence is developed, though it can be filed earlier in some cases.

What to expect

  • Genuine disputes. If the evidence shows a real factual dispute on an important point, the case generally goes to trial.

  • How evidence is viewed. Illinois courts construe the record strictly against the moving party and in favor of the opponent.

  • Affidavits. Supporting and opposing affidavits must be based on personal knowledge and admissible facts.

  • Partial summary judgment. A court can resolve some claims or issues while leaving others for trial.

  • Appeal. A grant of summary judgment that ends the case can usually be appealed.

What to do now

  • Assess early which issues might be decided without trial.

  • Build the evidence needed for summary judgment during discovery.

  • Respond to a motion with specific, admissible evidence, not general denials.

  • Use the motion strategically, not just as a routine step.

What we need from you

The pleadings, discovery responses, deposition transcripts, and key documents.

Common misconceptions

  • “If we have good facts, we’ll win summary judgment.” Disputed facts usually send a case to trial.

  • “Losing summary judgment means losing the case.” Usually it just means the case proceeds to trial.

This resource provides general information about Illinois and federal law, not legal advice about your situation. Reading it does not create an attorney-client relationship. The right answer often depends on the specific facts, contract language, policy wording, and deadlines involved.

ALLISONCHOLAW / BUSINESS LITIGATION & COUNSEL

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