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