Motion for Summary Judgement

Question 1

What is a motion for summary judgement is appropriate when

Answer 1

There is no genuine dispute of material fact

Question 2

In ruling on a motion for summary judgement the court shall

Answer 2

construe all evidence in the light most favorable to the non moving party

Question 3

The movant has the burden _______ on a motion for summary judgement

Answer 3

Burden of persuasion

Question 4

Once the movant makes a prima facie showing that summary judgement is appropriate, the

Answer 4

Burden shifts to the opposing party to set forth specific evidence of a genuine issue of fact for trial

Question 5

In Deciding a motion for summary judgement, the court must consider the materials

Answer 5

cited by the parties- affidavits, documents, pleadings, deposition transcripts

Question 6

If a motion for summary judgement is property made and supported, the opposing party

Answer 6

cannot merely rely on allegations or denials in her pleading, she must set out specific facts showing a geniue dispute for trial

Question 7

A party may file a motion for summary judgment at time until

Answer 7

30 days after the close of discovery

Question 8

An affidavit uses to support a motion for SJ must

Answer 8

be based on personal knowledge