Summary Judgment in New Jersey: Can a Business Case End Before Trial?
How the record can determine whether a commercial claim needs a trial
By Peter J. Lamont, Esq.
The depositions are finished, the key emails have been exchanged, and the trial date is still months away. Your attorney begins discussing summary judgment. For a business owner, the obvious question is whether the lawsuit can finally end. The answer depends on whether the court can decide the relevant claim on the record without a trial to resolve a genuine factual dispute.
Summary judgment in New Jersey allows a court to decide a claim or an issue when the governing requirements are met. It can narrow a commercial case or resolve it, but it does not follow simply because one side believes the other side’s story is weak. The motion must connect the legal standard to specific evidence in the record.
What the court is being asked to decide
New Jersey Court Rule 4:46-2 sets out the summary judgment framework. The court considers whether there is a genuine issue concerning a material fact and whether the moving party is entitled to judgment as a matter of law. In assessing whether an issue is genuine, the rule accounts for the burden of proof at trial and legitimate inferences favoring the nonmoving party.
A material fact is one that matters to the legal issue the court must resolve. Parties may disagree about many details without every disagreement requiring a trial. In a payment dispute, the fact that the parties disliked each other may have little bearing on whether an agreed payment became due. A disagreement about whether the required delivery occurred may be much more significant.
The legal theory therefore guides the evidence review. Counsel needs to identify what must be established for the claim or defense and then determine whether the record presents a genuine issue on those points. A thick file is not necessarily a useful file if the documents do not address the matters that control the requested decision.
The statement of facts is a working part of the motion
Rule 4:46-2 requires a separate statement of material facts, arranged in numbered paragraphs and supported by citations to the record. Those citations must identify the relevant portions with specificity. A motion can be denied without prejudice for failing to include the required statement. The factual presentation deserves careful preparation alongside the legal argument.
An invoice, a deposition answer, and an email may each support different propositions. Counsel should be able to direct the court to the exact passage that supports a particular asserted fact. Referring broadly to hundreds of pages makes that task harder. Business owners can help by identifying documents accurately and explaining who created them.
Suppose the issue is whether a customer approved additional work. The useful evidence may be an approval email attached to a change order, together with testimony identifying the sender and the transaction. A manager’s general belief that the customer always approved changes is a different kind of assertion. The motion needs the evidence relevant to the actual disputed work.
An opposition needs specific support too
Rule 4:46-2(b) requires the opposing party to respond to the moving party’s numbered facts and identify the record support for a dispute. Sufficiently supported facts can be deemed admitted for the motion if they are not properly disputed, subject to Rule 4:46-5. The opposition may also set out additional material facts in the required form.
Rule 4:46-5 explains that a party facing a properly supported motion cannot rely only on allegations or denials in the pleadings. The response must present specific facts showing a genuine issue for trial through the means permitted by the rules. Repeating that the complaint is true or that the other side is lying does not perform that work.
If your attorney asks for a particular email or the name of a witness, respond promptly and give the complete information. A document discovered in an employee’s inbox may be more useful than another page of argument. If the requested evidence cannot be located, explain where you looked and what is missing. Counsel needs that information to assess the response accurately.
Personal knowledge matters in a factual certification
Rule 1:6-6 addresses facts presented through affidavits on motions. It calls for personal knowledge and facts admissible in evidence to which the person is competent to testify. That requirement affects who should explain a transaction. The owner of a business may understand the overall dispute while lacking firsthand knowledge of a particular conversation.
Distinguish what you personally observed from what someone later told you. Identify the employee who dealt directly with the customer or maintained the relevant records. Give counsel the underlying documents. A carefully prepared factual statement should not turn an assumption into an asserted memory merely because the signer holds a senior position.
Read any proposed certification closely before signing it. Check dates, amounts, and descriptions against the records. If a sentence overstates what you know, flag it. Accurate limitations are preferable to an assertion that the opposing party can disprove with a document already in the file.
Incomplete discovery requires a concrete explanation
Sometimes the motion arrives before a party can present essential facts. Rule 4:46-5 allows the court to consider an explained inability to present facts essential to the opposition. The available responses can include denying the motion, permitting a continuance for affidavits or discovery, or making another appropriate order. Relief depends on the circumstances presented to the court.
A general statement that more discovery would be helpful is less informative than identifying the missing evidence and why it matters. Tell counsel which witness has not been deposed, which records remain outstanding, and how that material relates to the motion. The explanation should be tied to an actual issue, rather than a hope that something favorable might eventually appear.
This is another reason to track document requests and responses during the case. If a business knows that an important set of records is missing, raising the issue early gives counsel a better opportunity to address it. Waiting until motion papers arrive can make the factual review more difficult.
The ruling may resolve only part of the lawsuit
Rule 4:46-2 permits a summary judgment ruling on liability even when damages remain disputed, and it permits resolution of individual issues. A business should therefore ask precisely what the motion seeks. Winning a defined issue may simplify trial without ending the entire case. Losing a motion likewise requires attention to what the court actually decided.
The practical discussion includes cost and timing. Preparing a substantial motion takes work, and the likely benefit depends on the issues it can resolve. Counsel can evaluate whether the record supports the request and how a ruling would change the remaining case. The decision should be grounded in the evidence rather than an assumption that every lawsuit needs the same motion.
Keep the filed motion separate from earlier drafts and informal correspondence. Your attorney needs the complete submission, including exhibits and any scheduling notice, to assess what was requested and prepare an appropriate response.
Our New Jersey litigation practice handles the evidence and procedural issues that shape commercial cases. Our contract practice can evaluate the underlying agreement when payment or performance is disputed. If your business has received a summary judgment motion, contact the Law Offices of Peter J. Lamont promptly with the papers and the relevant records.
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About Peter J. Lamont, Esq.
Peter J. Lamont is a nationally recognized attorney with significant experience in business, contract, litigation, and real estate law. With over two decades of legal practice, he has represented a wide array of businesses, including large international corporations. Peter is known for his practical legal and business advice, prioritizing efficient and cost-effective solutions for his clients.
Peter has an Avvo 10.0 Rating and has been acknowledged as one of America's Most Honored Lawyers since 2011. 201 Magazine and Lawyers of Distinction have also recognized him for being one of the top business and litigation attorneys in New Jersey. His commitment to his clients and the legal community is further evidenced by his active role as a speaker, lecturer, and published author in various legal and business publications.
As the founder of the Law Offices of Peter J. Lamont, Peter brings his Wall Street experience and client-focused approach to New Jersey, offering personalized legal services that align with each client's unique needs and goals.
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