NCJ Number: 134865
Title: Analysis and Decision of Summary Judgment Motions: A Monograph on Rule 56 of the Federal Rules of Civil Procedure
Author(s): W W Schwarzer; A Hirsch; D J Barrans
Date Published: 1991
Page Count: 106
Sponsoring Agency: Federal Judicial Ctr
Sale Source: Federal Judicial Ctr
Document: PDF
Type: Legislation/Policy Analysis
Language: English
Country: United States of America
Annotation: Summary judgment under Rule 56 of the Federal Rules of Civil Procedure has been a source of controversy and confusion, and this monograph is intended to improve understanding and use of Rule 56.
Abstract: Under Rule 56(b), a defendant may move for summary judgment at any time. Under Rule 56(a), a plaintiff or claimant may move for summary judgment any time after the expiration of 20 days from the commencement of the action or after service of a motion for summary judgment by the adverse party. The 20-day period is intended to give the defendant sufficient time to secure counsel and determine a course of action. Under Rule 56(a) and (b), both the moving party and the party opposing summary judgment may file their motions with or without supporting affidavits. Principal issues that arise under Rule 56(c) are whether a factual dispute exists, whether the dispute is material to case outcome, and whether the dispute is genuine. Rule 56 makes no explicit distinction between jury and bench trials, but the rule is designed as a pretrial mechanism for assessing proof in order to determine if there is a genuine need for trial. To preclude summary judgment, a fact dispute must be material. A fact issue is material if it must be decided in order to resolve the substantive claim or defense to which the motion is directed. If the fact is material, the court must then determine whether the dispute is genuine within the meaning of Rule 56. Procedural issues are discussed that relate to partial summary judgment and case management, cross-motions for summary judgment, the timing of a summary judgment motion and discovery, sanctions, and appeals. Provisions of Rule 56 are contained in an appendix. A table of cases and a table of authorities are included. 344 footnotes
Main Term(s): Summary judgment rule
Index Term(s): Civil proceedings; Pretrial procedures; Trial procedures
To cite this abstract, use the following link: http://www.ncjrs.gov/App/publications/abstract.aspx?ID=134865
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