What does the defendant have to show to win summary judgment in Georgia?

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To win summary judgment, a defendant must convince the court that there is no genuine dispute over any fact that matters and that the law entitles them to judgment without a trial. Georgia’s standard appears in O.C.G.A. § 9-11-56, and for a defendant the practical task usually comes down to demonstrating that the plaintiff cannot prove an essential element of the claim.

Defeating an element of the claim

A personal-injury plaintiff must establish duty, breach, causation, and damages. A defendant moving for summary judgment typically targets one of these and shows that the evidence, taken as a whole, leaves no real dispute on that point in the defendant’s favor. If the plaintiff has no evidence to support an essential element, that absence can entitle the defendant to judgment as a matter of law, because a claim missing a required element cannot succeed at trial.

This is why the motion is not about which side has the stronger story. The defendant does not have to disprove everything; pointing to a fatal gap in the plaintiff’s proof on a single necessary element can be enough.

Shifting the burden to the plaintiff

When the defendant supports the motion properly, the responsibility shifts. Under § 9-11-56, the plaintiff may not rest on the allegations in the complaint and must instead set forth specific facts showing a genuine issue for trial. If the plaintiff fails to come forward with that evidence, summary judgment may be entered against them. So a defendant’s path to winning often runs through exposing the absence of plaintiff evidence and then watching whether the plaintiff can fill the gap.

To prevail, a defendant generally needs to show:

  • That the undisputed facts negate an essential element of the claim, or that the plaintiff lacks evidence to prove one.
  • That no genuine issue of material fact remains for a jury once the record is examined.
  • That, on those facts, the law requires judgment in the defendant’s favor.

When a defense ends the case

A defendant can also win by establishing a complete legal defense on undisputed facts, such as an applicable bar that defeats recovery regardless of the merits. If the facts supporting that defense are not genuinely contested, the court can resolve the case without trial.

The bottom line

In Georgia, a defendant wins summary judgment under § 9-11-56 by showing there is no genuine issue of material fact and that the law entitles them to judgment, most often by demonstrating that the plaintiff cannot prove an essential element or that a complete defense applies. The burden then shifts to the plaintiff to produce specific facts, and a failure to do so can end the claim before it reaches a jury.

This article is for general educational and informational purposes only and is not legal advice. It does not create an attorney-client relationship, and Georgia law may change. For advice about a specific situation, consult a licensed Georgia personal injury attorney.

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