Which of the following describes the second exception to the rule about timing for summary judgment?

• A. The plaintiff files a summary judgment motion in lieu of complaint
• B. The court converts the defendant's motion to dismiss into summary judgment
• C. The defendant files a motion for a new trial
• D. The plaintiff files for a partial summary judgment

Answer: (A)

The key idea is that there are special ways to start or move a case for summary judgment outside the normal pleading-and-discovery sequence. The second exception to the usual timing allows the plaintiff to initiate the action by filing a summary judgment motion in lieu of a complaint. In this scenario, the court can resolve the case on the merits based on the record without waiting for a traditional complaint and answer. It recognizes that if the facts are undisputed and the plaintiff is clearly entitled to relief, a full-blown pleading process isn’t needed to get judgment.

Other options describe different procedural moves that don’t fit this timing exception. For example, converting a defendant’s 12(b)(6) motion into summary judgment is about how the court handles an existing motion and evidence, not about starting the case or timing for a summary judgment; a motion for a new trial is a post-judgment remedy; and a partial summary judgment is still a merits ruling, not an exception to the timing rule itself.