<P> If a trial could result in the jury (or judge in a bench trial) deciding in favor of the party opposing the motion, then summary judgment is inappropriate . A decision granting summary judgment can be appealed without delay . A decision denying summary judgment ordinarily cannot be immediately appealed; instead, the case continues on its normal course . In United States federal courts, a denial of summary judgment cannot be appealed until final resolution of the whole case, because of the requirements of 28 U.S.C. § 1291 and 28 U.S.C. § 1292 (the final judgment rule). </P> <P> To defeat a summary - judgment motion, the non-moving party only has to show substantial evidence that a dispute of material facts exists, regardless of the strength of that evidence . For example, even if the moving side can produce the testimony of "a dozen bishops", and the non-moving side only has the testimony of a known liar, then summary judgment is not appropriate . Deciding on the relative credibility of witnesses is a question for the factfinder at trial . </P> <P> Where appropriate, a court may award judgment summarily upon fewer than all claims . This is known as "partial summary judgment". </P> <P> It is not uncommon for summary judgments of lower U.S. courts in complex cases to be overturned on appeal . A grant of summary judgment is reviewed "de novo" (meaning, without deference to the views of the trial judge) both as to the determination that there is no remaining genuine issue of material fact and that the prevailing party was entitled to judgment as a matter of law . </P>

What is a partial motion for summary judgment