Summary Judgment

Front 1

What's the purpose of making a summary judgment motion?

Back 1

Show that there is no need for a trial

Front 2

What must the SJ moving party show?

Back 2

1. No genuine issue of material fact requiring a trial
2. Deserving of judgment as a matter of law

Front 3

When can you fill for SJ?

Back 3

After D's answer; before 120 days post filing note of issue may get exception for late filing for "good cause" like law office failure or delayed service of discovery documents

Front 4

On what issues can you request SJ?

Back 4

Any claim or defense raised in pleadings

Front 5

How does SJ movant show no triable issue of material fact?

Back 5

1. Appropriate evidence (affidavits, documents, results of discovery)
2. From sources with actual knowledge (witnesses, experts)

Front 6

How can opponent prevent SJ?

Back 6

Present evidence that there is a triable issue of material fact using same kind of evidence (can't just rely on pleadings)

Front 7

What if opponent fails to produce evidence opposing SJ through no fault of his own?

Back 7

Court may:
1. Deny SJ motion
2. Grant continuance for gathering evidence

Front 8

What is the "boomerang effect" of SJ?

Back 8

Upon motion, Court does complete "record search" and may award SJ to the non-moving party if the evidence provided supports it

Front 9

What is the consequence of a denial of SJ?

Back 9

Court has found that there is a triable issue of material fact, and case proceeds to trial through normal procedure.

Front 10

Court issues a "partial SJ"--what does that mean?

Back 10

Court determines that SJ as to liability is warranted, but still issues as to damages; orders immediate trial as to damages.