Motion for Summary Judgement

Question 1

When must a motion for summary judgement be granted?

Answer 1

A MSJ must be granted if, from the pleading, affidavits, and discovery materials on file, when viewing the evidence in light most favorable to the non-moving party, it appears that:

1) no genuine issue of material fact exists; and
2) the moving party is entitled to judgement as a matter of law.

Question 2

When can a motion for summary judgement be filed?

Answer 2

A MSJ may be filed any time until 30 days after the close of discovery.

Question 3

Can summary judgement be Partial?

Answer 3

Yes (limited to certain issues and not others)

Question 4

Is the denial of a MSJ appealable?

Answer 4

NO