# No Genuine Issue: Georgia’s Summary Judgment Standard and How the Burden Works

Summary judgment is the procedural mechanism that separates cases with real disputes from cases that only look contested on paper. In Georgia, the standard is set by O.C.G.A. 9-11-56, and the burden framework was clarified by the Supreme Court of Georgia in Lau’s Corp., Inc. v. Haskins, 261 Ga. 491, 405 S.E.2d 474 (1991). Understanding how the burden operates ‚who carries it, when it shifts, and what each side must actually produce‚ determines whether a motion succeeds or fails.

The Statutory Standard

Under 9-11-56(c), summary judgment is appropriate when the record shows no genuine issue as to any material fact and the movant is entitled to judgment as a matter of law. Both elements must be satisfied. A factual dispute that would not change the outcome is not material. A material dispute that is genuine‚ meaning it could reasonably be resolved either way by a jury, defeats the motion. The court does not weigh evidence or resolve credibility at this stage. Its job is to determine whether a trial is necessary, not to conduct one on paper.

The statute also provides that judgment may be granted on liability alone even if the amount of damages remains disputed. That partial remedy is available and often useful in cases where the defendant’s responsibility is clear but the extent of harm is not.

The Movant’s Burden

Lau’s Corp. established the operative framework for how a movant carries its initial burden. The case involved a defendant restaurant, and the Supreme Court clarified that a party who will not bear the burden of proof at trial has two distinct ways to satisfy its summary judgment burden.

First, the movant can affirmatively disprove the opposing party’s case‚ presenting evidence that negates an essential element of the claim or defense. This is the more demanding path. It requires the movant to put something in the record that contradicts what the nonmovant would need to prove.

Second‚ and this is the path Lau’s Corp.specifically addressed‚ the movant can point to the record and show that the nonmovant has no evidence sufficient to create a jury issue on at least one essential element. The movant does not have to prove a negative. It can look at what has been developed in discovery, point to the absence of evidence supporting a required element, and argue that the nonmovant cannot establish its own case. Under this approach, the motion is essentially a challenge: show me the evidence, because there is none in this record.

**The Shift to the Nonmovant**

Once the movant meets its initial burden by either path, the burden shifts. Under 9-11-56(e), the nonmovant can no longer rest on its pleadings. Allegations in the complaint do not constitute evidence. The nonmovant must come forward with specific facts‚ through affidavit, deposition testimony, answers to interrogatories, or other record evidence‚ that show a genuine issue for trial.

The standard for the nonmovant is not to prove its case conclusively. It must only point to specific evidence sufficient to create a triable issue. If the nonmovant can do that, the motion fails. If it cannot, summary judgment may be granted. What the nonmovant cannot do is rely on conjecture, speculation, or the hope that something may emerge at trial.

Throughout the analysis, the court views all evidence and all reasonable inferences in favor of the nonmovant. The nonmovant gets the benefit of the doubt on ambiguous evidence. That interpretive posture reflects the principle that summary judgment is meant to dispose of cases lacking genuine factual disputes, not to decide cases on the merits.

Timing and Procedure

A party seeking affirmative relief may not move until thirty days after the action commenced, or after the opposing party has moved. A defending party may move at any time. The motion must be served at least thirty days before the hearing. If the nonmovant needs additional time to gather opposing evidence, 9-11-56(f) authorizes the court to deny the motion, grant a continuance, or make other appropriate orders‚ a provision that frequently delays rulings when the motion is filed before discovery is complete.

Appellate Review

Grants and denials of summary judgment are reviewed de novo. The appellate court applies the same standard without deference to the trial court’s ruling. A denial is immediately appealable under O.C.G.A. 5-6-34(a)(11) and can be reversed if the record, viewed properly, leaves no genuine issue.

Practical Implications

Timing matters. A defendant who moves before the plaintiff has developed its evidence may succeed under the second Lau’s Corp. path‚ pointing to the absence of proof, only to have the plaintiff fill that gap before the hearing. The motion should be filed when the record is as complete as it will be, not simply as soon as the right to move accrues. And on the other side: a nonmovant facing a well-supported motion cannot rely on the complaint or on the expectation that trial will surface something. The obligation is to produce specific evidence now, from what exists in the record.

Disclaimer

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