Who can file for summary judgment?

• A. The plaintiff only
• B. Any party, but normally the defense
• C. The judge only
• D. The clerk of court

Answer: (B)

Summary judgment can be sought by any party to the case. Under the governing rules, a party may move for summary judgment on all or part of a claim if there is no genuine dispute about any material fact and the moving party is entitled to judgment as a matter of law. The judge rules on the motion based on the evidence presented, and the clerk has no role in filing the motion—only a party or the parties’ attorneys can file it. In practice, it’s common for the defense to file such a motion first because they often seek to dispose of claims or defenses without a trial, but the plaintiff may also move for summary judgment on claims or issues where there is no triable factual dispute. The key idea is that the right to file lies with the parties, not with the judge or the court clerk.