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 New Mexico, the summary judgment process is a legal mechanism used to resolve a case without a trial when there are no genuine disputes over material facts that would necessitate a jury's assessment. This process is governed by Rule 1-056 of the New Mexico Rules of Civil Procedure. A party may file a motion for summary judgment after the discovery phase if they believe that the evidence clearly supports their position and that no reasonable jury could find in favor of the other party. The court will grant summary judgment if it determines that there are no factual issues to be tried and that the moving party is entitled to judgment as a matter of law. This does not infringe upon the constitutional right to a jury trial, as that right is preserved for cases where factual disputes exist. Summary judgment is a way to streamline the legal process by disposing of claims or defenses that lack a factual basis for trial.