9. Summary Judgement

Question 1

According to Rule 56, when shall a court grant summary judgement?

Answer 1

The court shall grant summary judgement if the movant shows that there is no genuine dispute as to any material fact and the movant is entitled to judgement as a matter of law.

Question 2

How do you know if there is no genuine dispute?

Answer 2

A reasonable jury could only come to one conclusion

Question 3

What is a material fact?

Answer 3

Material fact is something that could change the case ruling

Question 4

According to Rule 56(d), how can one delay a ruling on summary judgement?

Answer 4

This allows the plaintiff to submit an affidavit explaining why the facts are unavailable and ask the court to delay ruling on SJ until plaintiff has had a change to get discovery and must show why more time will help.