SUMMARY JUDGMENT IS A PROCEDURAL MOTION AVAILABLE IN CIVIL LITIGATION TO REQUEST A FINAL JUDGMENT WITHOUT A FULL TRIAL. IT IS DESIGNED TO PREVENT CASES FROM GOING TO TRIAL WHEN THE MATTER AT ISSUE CAN BE SETTLED ON THE BASIS OF THE PLEADINGS AND SUPPORTING MATERIALS. TACTICALLY, THE SUMMARY JUDGMENT MOTION PERMITS EITHER THE PLAINTIFF OR THE DEFENDANT TO CHALLENGE THE CLAIM ASSERTED BY THE OTHER PARTY BY REQUESTING THE JUDGE TO ISSUE JUDGMENT AT THE PLEADING STAGE OF THE LITIGATION PROCESS. THE EXISTING LITERATURE ON THE SUMMARY JUDGMENT RULE IS REVIEWED TO PROVIDE HYPOTHESES ABOUT WHAT OBSERVERS THEORIZE WILL OCCUR WITH THE USE OF THIS RULE. THESE HYPOTHESES ARE TESTED, USING TWO SETS OF EMPIRICAL DATA INVOLVING SUMMARY JUDGMENT CASES. THE FIRST SET OF DATA CONSISTS OF A SAMPLE OF ALL REPORTED FEDERAL CASES FROM 1938 TO 1968 IN WHICH THE SUMMARY JUDGMENT MOTION WAS MADE. A TOTAL OF 535 CASES FROM ALL THREE LEVELS OF FEDERAL COURTS WERE INCLUDED IN THE SAMPLE. THE SECOND SET OF DATA INVOLVED THE STUDY OF A TOTAL POPULATION OF CASES FILED IN ONE FEDERAL DISTRICT COURT (THE U.S. DISTRICT COURT FOR THE EASTERN DIVISION OF THE NORTHERN DISTRICT OF ILLINOIS, IN CHICAGO) FOR FISCAL YEAR 1970. THE RESEARCHERS BELIEVE THAT THESE TWO SETS OF DATA CONSTITUTE A SOUND BASIS UPON WHICH TO MAKE GENERALIZATIONS ABOUT THE USE OF THE SUMMARY JUDGMENT MOTION IN FEDERAL COURTS. IT IS CONCLUDED THAT THE SUMMARY JUDGMENT RULE DOES NOT SERVE TO DISPOSE OF A VERY LARGE PROPORTION OF CASES FILED IN FEDERAL DISTRICT COURTS. THE SUCCESS RATE OF THE MOTION, WHEN USED, IS FAIRLY HIGH (ABOUT 50 PERCENT). SOME OF THE DATA CONSIDERED INDICATE THAT THE MOTION IS USED HEAVILY IN CONTRACT ACTIONS, WHILE OTHER PORTIONS OF THE DATA SUGGEST THAT SOME KINDS OF STATUTORY ACTIONS AND PERSONAL INJURY ACTIONS ARE FREQUENT TARGETS OF THE MOTION. IN CONTRADICTION TO THE PREDICTIONS OF THE LITERATURE REVIEWED, DATA INDICATE THAT THE MOTION IS USED PRIMARILY BY DEFENDANTS. THIS MAY BE DUE LARGELY TO THE BURDEN OF PROOF PLACED ON PLAINTIFFS. IT IS NOTED THAT, DESPITE THE INTENDED NEUTRALITY OF THE RULES OF PROCEDURE, VARIABLES SUCH AS FAMILIARITY, TYPES OF ACTIONS INVOLVED, AND RESOURCES OF LITIGANTS CAN AFFECT THE RESULTS OF THE RULE'S OPERATION. (RCB)