Summary Judgement Flashcards
.Rule 56
Summary judgement
no factual issues to solve, DO NOT NEED TRIAL
can solve on its own without trial
court looks @ evidence,
- court will determine if there is a dispute between material fact
summery judgement takes place AFTER discovery, and BEFORE trial
allows for judgement before trial
key issue between law and fact
material fact - something that affects the outcome of the case
if judge determines
1. no disputed issue of material fact OR
2. party has failed to prove every element
THEN, summer judgement is allowed
- when judge decides this, its because no reasonable jury could rule for the plaintiff, then the court can resolve the issue on their own
ways to attack rule 56 motion , and when can you file summery judgment until
absent of evidence
disprove parties claim
Rule 56 (b) allows the filing of summery judgement “until 30 days after the close of discovery”
- unless court says otherwise
even if you satisfy all rules for rule 56, it is still up to the court if they want to use summary judgement (they are hesitant)
does a party making a motion for summary judgement need to provide affirmative evidence in the form of affidavits to support its motion?
Yes, a party asking for summary judgment needs to provide supporting evidence, usually in the form of sworn statements (affidavits) to show that there are no genuine issues of fact and that they should win the case without a trial.
when can rule 56 (c) be granted
summary judgment can be granted if a party fails to prove an essential element of their case
Goal is to provide a quick and cost effective resolution to disputes
Party requesting the summary judgment must explain why it should be granted by identifying parts of the case without real factual disputes
Scott V Harris
Scott = police officer → tried to force Harris off road
Was officer actions unreasonable?
There was a video —> Q= could a reasonable juror have found for the plaintiff? (non-moving party) (matter of law → judicial question)
Supreme court held → no unreasonable juror could find officers actions were unreasonable
Court can use video evidence to grant SJ, even if parties proffered contradictory evidence
Court can use video evidence - to determine if to use summary judgment
Rule 12 (b) (6) - trying to see if claim belongs in litigation
Rule 56 - if case should be litigated with jury
If P does not give proper affidavits or evidence can they still get summery judgement?
If P puts affidavit, but affidavit is from an alcoholic and fraud, then summary judgment must be denied, if P has given evidence in rebuttal, which becomes dispute on material fact - that case needs to go to trial
example a person that is not reliable or worthy of a an affidavit creates doubt
