Please cite to the original publication
feature of the most modern practice systems. Under this procedure judgment may be entered summarily for the plaintiff in the more usual types of civil actions, on motion setting forth his demand and his belief that there is no defense to it, unless the defendant, by counter-affidavit, shows that the facts are in dispute. The reform is usually advocated because of its effectiveness in preventing delays by defendants, and in securing speedy justice for creditors. But its advantages would seem to be more than merely these. Because of its simplicity it is available for the prompt disposition of bona fide issues of law as well as of sham defenses. Except where a trial is necessary to settle an issue of fact, the whole judicial process is, by this procedure, made to function more quickly and with less complexity than in the ordinary long drawn out suit.
Date of Authorship for this Version
The Summary Judgment (with Charles U. Samenow), 38 Yale Law Journal 423 (1929)