THE SUMMARY JUDGMENT STAGE OF A LAWSUIT
In the commercial context, resolution of a lawsuit may be available prior to trial at the summary judgment stage of the litigation. A summary judgment is a determination made by a court on the merits of an entire case or of specific issues related to the dispute. Summary judgment must be requested by a party through a motion for summary judgment. A motion for summary judgment must include supporting evidence such as documents accompanied by sworn statements under oath (affidavits or declarations). Supporting and opposing sworn statements must be made on personal knowledge. The statements must set forth such facts as would be admissible in evidence and must show affirmatively that the witness is competent to testify to the matters stated. The court may permit such statements to be supplemented or opposed by depositions, answers to interrogatories, or additional sworn statements. When a motion for summary judgment is made and supported by admissible evidence, an opposing party may not rest upon allegations or denials in the pleading but must set forth specific facts showing that there is a genuine issue for trial.
Summary judgment is appropriate only if the supporting evidence demonstrates that there is no genuine issue as to any material fact and that the party requesting summary judgment is entitled to a judgment as a matter of law. When determining whether an issue of material fact exists, a court must construe all facts and inferences in favor of the party not requesting summary judgment. A genuine issue of material fact exists, for summary judgment purposes, where reasonable minds could differ on the facts controlling the outcome of the litigation. Accordingly, when there is a legitimate dispute as to a factual issue, the resolution of which is necessary to decide a dispute, summary judgment is not an option and the claim must be settled or be decided by trial.
Summary judgment is appropriate only if the supporting evidence demonstrates that there is no genuine issue as to any material fact and that the party requesting summary judgment is entitled to a judgment as a matter of law. When determining whether an issue of material fact exists, a court must construe all facts and inferences in favor of the party not requesting summary judgment. A genuine issue of material fact exists, for summary judgment purposes, where reasonable minds could differ on the facts controlling the outcome of the litigation. Accordingly, when there is a legitimate dispute as to a factual issue, the resolution of which is necessary to decide a dispute, summary judgment is not an option and the claim must be settled or be decided by trial.