Which statement about summary judgment is true?

Which statement about summary judgment is true?

• A. It Requires A Genuine Issue Of Material Fact To Exist.
• B. It Can Be Granted Even If There Is A Triable Issue Of Fact.
• C. It Is Appropriate When There Is No Genuine Issue Of Material Fact.
• D. It Cannot Be Sought After The Answer Is Filed.

Answer: (C)

Summary judgment is used when there is no genuine dispute about material facts, so the case can be decided as a matter of law without a trial. The statement that it is appropriate when there is no genuine issue of material fact is the correct one because, if all essential facts are undisputed, the court can apply the law to those facts and resolve the claim or entire case without weighing evidence at trial. A genuine issue of material fact means a fact that could affect the outcome under the governing law is in dispute and a reasonable jury could return a verdict for either side. If such a dispute exists, summary judgment should not be granted because the matter needs to be decided by a fact-finder at trial. The moving party must show there is no such dispute with admissible evidence, and the non-movant can defeat the motion by pointing to evidence creating a genuine issue for trial. It's also worth noting that you can seek summary judgment after the answer is filed, and typically after discovery, as long as the moving party can show there is no genuine issue of material fact. The other statements would lead you away from this purpose: requiring a genuine issue to exist would defeat the purpose of summary judgment, allowing it despite a triable issue would undermine trial rights, and prohibiting it after the answer would misstate when such motions are permissible.

Summary judgment is used when there is no genuine dispute about material facts, so the case can be decided as a matter of law without a trial. The statement that it is appropriate when there is no genuine issue of material fact is the correct one because, if all essential facts are undisputed, the court can apply the law to those facts and resolve the claim or entire case without weighing evidence at trial.

A genuine issue of material fact means a fact that could affect the outcome under the governing law is in dispute and a reasonable jury could return a verdict for either side. If such a dispute exists, summary judgment should not be granted because the matter needs to be decided by a fact-finder at trial. The moving party must show there is no such dispute with admissible evidence, and the non-movant can defeat the motion by pointing to evidence creating a genuine issue for trial.

It's also worth noting that you can seek summary judgment after the answer is filed, and typically after discovery, as long as the moving party can show there is no genuine issue of material fact. The other statements would lead you away from this purpose: requiring a genuine issue to exist would defeat the purpose of summary judgment, allowing it despite a triable issue would undermine trial rights, and prohibiting it after the answer would misstate when such motions are permissible.