Summary Judgment Flashcards
When can a party file a motion for summary judgment under Rule 56(b)?
A motion for SJ can be filed anytime until 30 days after the close of all discovery.
What must a P establish to get SJ granted in their favor?
The P must show that their is no genuine issue of material fact for every element of their claim
What must a D establish to get SJ in their favor?
The D only needs to show that there is no genuine issue of material fact with one element of the P’s claim in order to win.
When is SJ not appropriate?
There is competing evidence or conflicting testimony.
Judges are not supposed to make credibility judgment at this stage.
Who bears the initial burden of showing there is no general issue of material fact?
The moving party (party requesting SJ)
If there is a higher burden of proof, what must be shown to grant SJ
The higher the burden of proof required at trial, the more substantial the evidence must be to meet the burden.
If there is any doubt, what party will be favored? Will they proceed with trial?
Non movant party and they will proceed with trial
How can the moving party satisfy their initial burden in a JS motion?
If the moving party bears the burden of proof at trial, they must provide affirmative evidence to show there is no genuine issue of material fact.
If the moving party does not bear the burden of proof at trial, they can:
- Providence evidence showing the other party cannot prove an essential element of their claim
- Point to specific parts of the record that show the nonmoving party has no evidence to prove an element in their case
After satisfying the initial burden, what must the moving party do next in a summary judgment motion?
The moving party must show why a reasonable jury could find in their favor, making a specific showing of the facts.
What can the nonmoving party do if they need more evidence to respond to a summary judgment motion?
The nonmoving party can request more time for discovery to gather additional evidence needed to respond.
Policy Question: Why is SJ a useful procedural mechanism in the court system?
Summary judgment pierces the pleadings to assess the proof and determine if there is a genuine need for trial. It helps isolate and dispose of factually unsupported claims or defenses, allowing courts to efficiently resolve cases and avoid unnecessary trials when no factual disputes exist.
