Summary Judgement

Question 1

Rule 56 (a)

Answer 1

A party may move for summary judgment, identifying each claim or defense — or the part of each claim or defense — on which summary judgment is sought. The court shall grant summary judgment if the movant shows that there is no genuine dispute as to any material fact and the movant is entitled to judgment as a matter of law.

Question 2

Rule 56 (b)

Answer 2

Unless a different time is set by a local rule a party may file a motion for summary judgement at any time until 30 days after the close of all discovery

Question 3

Rule 56(c)

Answer 3

(1) Supporting Factual Positions. A party asserting that a fact cannot be or is genuinely disputed must support the assertion by:

(A) citing to particular parts of materials in the record, including depositions, documents, electronically stored information, affidavits or declarations, stipulations (including those made for purposes of the motion only), admissions, interrogatory answers, or other materials; or

(B) showing that the materials cited do not establish the absence or presence of a genuine dispute, or that an adverse party cannot produce admissible evidence to support the fact.

Question 4

Rule 56 Applied

Answer 4

1. Must be filed within 30 days after discovery ends
2. D must prove that P/Non movant cannot prove claim
3. is there a dispute of material fact?
   a. material: will it change the outcome of the claim
4. Can jury reach different conclusions
5. if yes: deny if no: allow for more time or grant SMJ