Summary Judgment

Question 1

Summary Judgment Def.

Answer 1

No genuine dispute as to any material fact and

movant is entitled to judgment as a matter of law

Question 2

When to file MFSJ

Answer 2

after opposing party ha had opportunity for discovery

any time until 30 days after the close of discovery but before trial

Question 3

MFSJ Process

Answer 3

Movant must make initial showing
If opposing party bears BOP, movant need only show no evidence present
If moving party bears BOP, movant must provide evidence
If movant satisfies evidence, burden shifts to opposing party
If non-movant satisfies evidence, BOP is on movant

Question 4

MFSJ Standard

Answer 4

NO GENUINE DISPUTE AS TO ANY MATERIAL FACT
NO RATIONAL TRIER OF FACT COULD FIND FOR NON-MOVING PARTY/
VIEW EVIDENCE IN LIGHT MOST FAVORABLE TO NON-MOVING PARTY

Question 5

Evidence

Answer 5

need not be admissible evidence
can use affidavits in support if:
made on personal knowledge
set out facts that would be admissible in evidence
affiant is competent to testify on such matters

Question 6

Burden of Persuasion

Answer 6

CLEAR AND CONVINCING EVIDENCE (not preponderance of the evidence)