Summary Judgment Motions

Question 1

What is a motion for summary judgment?

Answer 1

• it challenges the claim/defense on the merits
• movant argues that if the case went to trial right now, the jury would undoubtedly rule in movant’s favor
• movant argues there are no genuine facts in dispute & that they are entitled to judgment as a matter of law

Question 2

How do you analyze a summary judgment motion?

Answer 2

1. The ct assess the argument advanced by the movant
2. The ct looks to the non-movant’s response

Question 3

How does the ct assess the argument advanced by the movant in their request for SJ (Step 1)?

Answer 3

• Has the movant alone shown that the non-movant lacks sufficient facts and/or law to prevail on a claim/defense
• HOW
  
  • pt to citations in the record holes in the other pty’s argument OR
  • produce some of their own evidence
• Passes this step gp to step 2
• Fail this step, motion is denied

Question 4

How does the ct analyze the non-movant’s response in a request for SJ (step 2)?

Answer 4

• To survice SJ, the non-movant must adduce evidence sufficient for a reasonable jury to find in their favor
• HOW
  
  • Ct look only @ non-movant evidence
  • if no evidence but refer to their pleadings, the ct may grant the motion
    
    • if pleadings filed under oath, it is an affidavit which is evidence

Question 5

Who can make a summary judgment motion?

Answer 5

• Either side can make the motion
• D make it more frequent b/c P has to adduce evidence to support every element of a claim which may be harder
• P can only file affirmative evidence
• D can use affirmative evidence & pt to the record for the lack there of (poke holes)

Question 6

What materials can you use for a SJ motion?

Answer 6

• cite to the record
• Adduce additional information
  
  • HOW
    
    • pleadings
    • discovery documents
    • materials produced in mandatory disclosure & affidavits
    • anything that has evidentry value @ trial
  • Needs to be admissible @ trial although not in the present admissible form
    
    • i.e. - can’t put an affidavit on @ trial, you either put on the witness or a deposition if wit. unavailable
    • here you can use the affidavit b/c the information is usable

Question 7

When can a summary judgment be made?

Answer 7

Unless a local rule or ct order says otherwise:

• Anytime before 30 days after the close of discovery
  
  • can do it during discovery
  • can after discovery closes
  • when discovery closes, you only have 30 days after that to move for SJ