What is a cross-motion for summary judgment?

"Cross motions" always travel in pairs, as each party files a motion on the same issue and as part of the same process.

Cross-motions for summary judgment are part of a pre-trial process in which both parties submit briefs to the judge, arguing that no trial is needed to determine the relevant facts in the case.

Cross-motions for summary judgment may occur even if the parties have different versions of the facts. In that event, both motions will be denied.

Cross-motions for summary judgment are to be distinguished from "agreed motions for summary judgment" in which the parties present one, agreed motion, claiming that the facts are not in dispute and asking the judge for a decision solely on the law.

See also "motion for judgment on the pleadings," also distinguishable from "cross-motions for summary judgment "