The summary judgment process provides a method of terminating a case before it is submitted to the jury when only questions of law are involved and there are no genuine issues of fact. When a party to a lawsuit cannot show that there is a fact issue for the jury to determine, the grant of summary judgment to the opposing party does not violate the constitutional right to a jury trial.

A summary judgment is often filed after the parties discover some facts in the discovery process, and one or both parties believe that the facts conclusively establish their right to prevail at trial, and that no reasonable jury could find the facts to be otherwise.

In Delaware, the summary judgment process is a legal mechanism used to resolve a case without a trial when there are no genuine issues of material fact in dispute and the moving party is entitled to judgment as a matter of law. This process is governed by Rule 56 of the Delaware Court of Chancery Rules and the Delaware Superior Court Civil Rules. A party may file a motion for summary judgment after the discovery phase has revealed sufficient facts to support their position. If the court finds that there is no factual dispute that could affect the outcome of the case and that the moving party is entitled to prevail based on the law, it may grant summary judgment. This does not infringe upon the constitutional right to a jury trial, as that right is preserved for cases where factual disputes exist that require a jury's assessment. Summary judgment is a way to streamline the legal process by avoiding unnecessary trials when the material facts are clear and undisputed.