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 North Carolina, the summary judgment process is a legal mechanism that allows a court to promptly dispose of a case without a trial when there are no genuine issues of material fact in dispute and the case can be decided on legal questions alone. This process is governed by Rule 56 of the North Carolina Rules of Civil Procedure. A party may file a motion for summary judgment after the discovery phase has revealed the essential facts of the case. If the court finds that there is no genuine issue for trial and that one party is entitled to judgment as a matter of law, it will 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 appropriate only when the court determines that no reasonable jury could find for the non-moving party based on the evidence presented.