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 Vermont, the summary judgment process is a legal mechanism that allows a court to make a final ruling on a case without a full trial when there are no disputed material facts that require a jury's deliberation. This process is governed by Vermont Rule of Civil Procedure 56. 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 genuine issue of material fact and that the moving party is entitled to judgment as a matter of 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 only a jury can resolve. Summary judgment is appropriate only when the court can determine the outcome based on the law alone, given the undisputed facts of the case.