Summary Judgement Flashcards
1
Q
When is summary judgement appropriate?
A
Summary Judgement is appropriate where all evidence indicates that no issue of material fact exists between parties, even if the opposing party contends that cross-examination is essential but fails to show how the testimony would be impeached or how additional testimony will make the case.
2
Q
Who has the burden of proof in summary judgement?
A
The Movant does. They must show that there is no genuine issue of material fact and for this reason they are entitled to judgement as a matter of law.
