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 Washington State, the summary judgment process is governed by the Washington State Rules of Civil Procedure (CR 56). This process allows a party to seek a judgment from the court without a full trial when there are no genuine disputes as to any material fact and the moving party is entitled to judgment as a matter of law. The party filing for summary judgment must show that there is no evidence to support the other side's case on an essential element of their claim or defense. If the court finds that there are no factual issues to be resolved and that the moving party is entitled to judgment as an attorney would argue, it can grant summary judgment, thereby ending the case before it goes to a jury. This does not infringe upon the constitutional right to a jury trial, as this right is preserved for cases where factual disputes exist that require a jury's deliberation. Summary judgment is often sought after the discovery phase of litigation, where evidence is exchanged and the factual landscape of the case becomes clearer.