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Civil procedure: Federal Rules of Civil Procedure: Summary judgment (Part Two)
A party seeking summary judgment may refer to any evidence that would be admissible at trial, such as depositions (or deposition excerpts), party admissions, affidavits in support from witnesses, documents received during discovery (such as contracts, emails, letters, and certified government documents). The pieces of evidence should be accompanied by a declaration from the moving party that all copies of the documents are true and correct, including deposition excerpts. Each party may present to the court its view of applicable law by submitting a legal memorandum supporting, or opposing, the motion. The opposing party may also file its own summary-judgment motion (called a cross-motion), if the deadline still allows. The court may allow for oral argument of the lawyers, generally where the judge wishes to question the lawyers on issues in the case.
Deadline for filing of the dispositive motions in the U.S. federal court system is set by the judge in the initial discovery plan order. If a party wants to file a motion or a cross-motion for summary judgment after the deadline, it needs to ask for leave of court. Normally, federal judges require valid reasons to alter case-management deadlines and only do so with reluctance.
There are also freely accessible web search engines to assist parties in finding court decisions that can be cited as an example or analogy to resolve similar questions of law. Google Scholar is the biggest database of full-text state and federal court decisions that can be accessed without charge. These web search engines often allow one to select specific state courts to search. Summary judgment is awarded if the undisputed facts and the law make it clear that it would be impossible for one party to prevail if the matter were to proceed to trial. The court must consider all designated evidence in the light most favorable to the party opposing the summary judgment motion.
Published on 2 years, 10 months ago