What must be shown to prevail on a motion for summary judgment?

What must be shown to prevail on a motion for summary judgment?

• A. No genuine dispute of material fact and entitlement to judgment as a matter of law, supported by admissible evidence.
• B. The moving party's arguments are sufficient for judgment.
• C. A trial is required before any judgment.
• D. The nonmoving party must admit liability.

Answer: (A)

To prevail on a motion for summary judgment, the moving party must show that there is no genuine dispute of material fact and that they are entitled to judgment as a matter of law, with evidence that would be admissible at trial. This means the record must be so clear that a reasonable jury could not return a verdict for the other side. The facts that are at issue must be material, i.e., they could affect the outcome of the case, and the evidence presented must be admissible (such as sworn affidavits, depositions, or documentary records). If the nonmoving party can point to admissible evidence creating a triable issue of fact, the motion should be denied. Arguments alone are not enough to win; there must actually be no genuine factual disputes. A trial is not required if the facts are undisputed and the moving party is entitled to judgment as a matter of law. And the nonmoving party’s liability admission is not a prerequisite for summary judgment.

To prevail on a motion for summary judgment, the moving party must show that there is no genuine dispute of material fact and that they are entitled to judgment as a matter of law, with evidence that would be admissible at trial. This means the record must be so clear that a reasonable jury could not return a verdict for the other side. The facts that are at issue must be material, i.e., they could affect the outcome of the case, and the evidence presented must be admissible (such as sworn affidavits, depositions, or documentary records). If the nonmoving party can point to admissible evidence creating a triable issue of fact, the motion should be denied.

Arguments alone are not enough to win; there must actually be no genuine factual disputes. A trial is not required if the facts are undisputed and the moving party is entitled to judgment as a matter of law. And the nonmoving party’s liability admission is not a prerequisite for summary judgment.