Re: Anon1 - WhyChat - What's your take on this- Motions

Posted by lawguy (216.30.212.58) on April 02, 2003 at 08:33:50:

In Reply to: Anon1 - WhyChat - What's your take on this- Motions posted by JR on April 02, 2003 at 05:11:01:

exactly

remember though, the standard on summary judgment is 1) there is no genuine issue of material fact, and 2) the movant is entitled to judgment as a matter of law.

Evidence can, and in some states must, be used to establish that there is "no genuine issue of material fact." But if there is conflicting evidence on an issue, then summary judgment should be denied, and the case should proceed to the trier of fact (the jury, or the judge in a bench trial).

Follow Ups:

Post a Followup