• Summary judgment is a motion brought by the moving party to seek a ruling that there is no triable issue of material fact in dispute and therefore, no need for a trial.
• Obtaining summary judgment is difficult, as it is based on admissible evidence viewed in the light most favorable to the non-moving party.
• A moving party may bring either a full or partial summary judgment motion, and offensive motions bear the much heavier burden of showing that they must prove each claim as a matter of law.
• Summary judgment motion places a burden on lawyers, clients, and courts, and demand for one begins with breaking down the elements of the complaint and conducting an analysis of each claim.
• The court shall grant summary judgment if the movant shows that there is no genuine dispute as to any material fact and the movant is entitled to judgment as a matter of law.
• If a party fails to properly support or address a fact, the court may consider the fact undisputed, grant summary judgment, or issue any other appropriate order.
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