What must a summary judgment movant show?

What must a summary judgment movant show?

• A. There is a genuine issue of material fact.
• B. There is no genuine dispute about a fact that matters, and on the facts, the movant is entitled to judgment as a matter of law.
• C. The court should disregard affidavits.
• D. The nonmovant cannot respond.

Answer: (B)

To prevail on a summary judgment motion, the moving party must show there is no genuine dispute about a material fact and that, on the undisputed facts, they are entitled to judgment as a matter of law. In other words, the court should grant judgment if the evidence leaves no unresolved issue that could affect the outcome under the governing law. The judge views evidence in the light most favorable to the nonmoving party, but if all material facts are undisputed, the law points to one side, and judgment is appropriate. Evidence like pleadings, affidavits, depositions, and documents can be used to prove there is no genuine material fact in dispute. The nonmovant can respond with evidence showing a real dispute over those material facts, which would defeat the motion. It’s not correct to say affidavits should be disregarded; they can be considered as part of the record. It’s also not correct that the nonmovant cannot respond; they are entitled to oppose with evidence showing why a trial is needed.

To prevail on a summary judgment motion, the moving party must show there is no genuine dispute about a material fact and that, on the undisputed facts, they are entitled to judgment as a matter of law. In other words, the court should grant judgment if the evidence leaves no unresolved issue that could affect the outcome under the governing law. The judge views evidence in the light most favorable to the nonmoving party, but if all material facts are undisputed, the law points to one side, and judgment is appropriate.

Evidence like pleadings, affidavits, depositions, and documents can be used to prove there is no genuine material fact in dispute. The nonmovant can respond with evidence showing a real dispute over those material facts, which would defeat the motion. It’s not correct to say affidavits should be disregarded; they can be considered as part of the record. It’s also not correct that the nonmovant cannot respond; they are entitled to oppose with evidence showing why a trial is needed.