15. Summary Judgment (Rule 56)

Question 1

What is required for summary judgment (Rule 56)?

Answer 1

1) File for SJ within 30 days after discovery

2) Admissible evidence (NOT always required - Movant can argue no dispute exists regardless)
- Affidavits/Discovery materials/Deposition evidence
- NOT pleadings/hearsay
- Court reviews in most favourable light for non-movant

3) NO genuine dispute of material fact

4) Movant entitled to judgment as matter of law
- Movant has prima facie case
- Jury cannot properly find for non-movant

Question 2

When may there be a genuine dispute of material fact?

Answer 2

Movant demonstrates dispute of material fact + Non-Movant fails to oppose
- Court must still examine movant materials

State of mind issue

• Negligence
• Intent

Question 3

What type of summary judgments can be made?

Answer 3

Full SJ

Partial SJ

Question 4

Can a party appeal dismissed summary judgment?

Answer 4

Not until final judgment is granted

Question 5

What is difference between Summary Judgment and Motion for Judgment on Pleadings?

Answer 5

SJ
- Issues outside pleadings

MJP
- Issues inside pleadings

Question 6

What can non-movant do if he needs more time to take discovery before making a response?

Answer 6

Submit affidavit/declaration requesting more time required