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Summary Judgment Before Trial Outline

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This is an extract of our Summary Judgment Before Trial document, which we sell as part of our Civil Procedure Outlines collection written by the top tier of Harvard Law School students.

The following is a more accessble plain text extract of the PDF sample above, taken from our Civil Procedure Outlines. Due to the challenges of extracting text from PDFs, it will have odd formatting:

Summary Judgment before Trial Motion to Dismiss v. Motion for Summary Judgment

Rule 12(b)(6)

Rule 56


Motion to Dismiss for Failure to Motion for Summary Judgment State a Claim upon which Relief may be Granted


Legal Issue

Material Facts


Even if all facts in the complaint are true, is there a legal basis for relief?

Are there any issues of material fact that would prevent judgment as a matter of law?


Liberally construed towards nonmovant, accepts all alleged facts as true

Movant must prove there are no issues of fact (56(c)); nonmovant may dispute by introducing evidence (56(e))


Only the complaint

Affidavits, depos, answers to interrogatories, admissions, admissible documents. Pleadings not considered because they are allegations.


May include evidence that would not be admissible at trial, but must show there would be admissible evidence (i.e., an affidavit of someone who would testify at trial).

1. FRCP 56: Summary Judgment a. focuses on the facts b. Goal to resolve disputes without enough evidence to send to jury (mid 20th century invention)

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