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Flashcards in Summary Judgement Deck (2)
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1

When is summary judgement appropriate?

Summary Judgement is appropriate where all evidence indicates that no issue of material fact exists between parties, even if the opposing party contends that cross-examination is essential but fails to show how the testimony would be impeached or how additional testimony will make the case.

2

Who has the burden of proof in summary judgement?

The Movant does. They must show that there is no genuine issue of material fact and for this reason they are entitled to judgement as a matter of law.