When can a party file a motion for summary judgment?

A party can file a motion for summary judgment after the joinder of issue, which establishes that both parties have joined the lawsuit and are actively participating. This is a critical stage because it signals that the case is at a point where the court can determine the legal issues involved without needing a trial. The time limit of 120 days after the filing of the note of issue is significant as it ensures that the courts can manage their dockets effectively and prevents unnecessary delays in the resolution of cases.

The requirement of filing within this time frame creates a defined window for the parties to assess the evidence and arguments and to seek a resolution before trial. Summary judgment aims to expedite the judicial process by resolving cases that do not require a trial, where there is no genuine issue of material fact. This mechanism serves to conserve judicial resources and allow parties to avoid the costs associated with a full trial when the facts are not in dispute.

The other options do not align with the procedural rules governing summary judgment. For example, filing anytime during the pre-trial phase would be too broad and potentially disruptive to the litigation process. Allowing motions after the trial has commenced or only upon a final judgment would defeat the purpose of seeking an early resolution when there is no factual dispute needing