In Connecticut, a motion for summary judgment may be filed by either party, the plaintiff or the defendant, where there is no dispute as to any genuine issue of material fact. In this situation, where the legally relevant facts are essentially agreed upon, the court can decide a case as a matter of law without the need to have a jury (or a judge where the case is tried courtside) decide disputed factual issues that may depend on credibility of witnesses and reliability of evidence.
Practice Book § 17-49 provides that summary judgment “shall be rendered forthwith if the pleadings, affidavits and any other proof submitted show that there is no genuine issue as to any material fact and that the moving party is entitled to judgment as a matter of law.” “The party seeking summary judgment has the burden of showing the absence of any genuine issue [of] material fact which, under applicable principles of substantive law, entitle him to a judgment as a matter of law.” Witt v. St. Vincent’s Medical Center, 252 Conn. 363, 368 (2000). “In ruling on a motion for summary judgment, the court’s function is not to decide issues of material fact, but rather to determine whether any such issues exist.” Nolan v. Borkowski, 206 Conn. 495, 500 (1988). The trial court must view the evidence in a light most favorable to the nonmoving party. Witt, 252 Conn. at 367.
A motion for summary judgment can be filed as to all or part of (this is called partial summary judgment) the plaintiff’s claim, or a defense asserted by the defendant.