Summary Judgment Flashcards
1
Q
Standard
A
(1) There is NO GENUINE ISSUE OF MATERIAL FACT; and
(2) Moving party is ENTITLED TO JUDGMENT AS A MATTER OF LAW
2
Q
Burden of Proof
A
Movant must establish prima facie case before burden shifts to nonmoving party to set forth specific facts showing existence of genuine issue
3
Q
Timing
A
P may file any time after 20 DAYS from commencement of the action (can be earlier if adverse party has first moved for summary judgment)
D may file at any time
Adverse party must respond within 30 days after service of motion
4
Q
Supporting Materials
A
Primarily affidavits
When a party files a summary judgment motion supported by affidavits, the opposing party cannot rest on the allegations of its pleadings but must support its opposition with proper supporting materials
