Summary Judgment 2023 with complete solution

Summary Judgment Pre-trial Motion to dispose of all claims if there is no genuine issue of material fact. How to get summary judgement -Must show no issue of material fact for every element of his claim -Defendant can move for summary judgment, or can show that Plaintiff's claim does not have any issue of material fact Time period Plaintiff: Anytime after: -20 days have passed from commencement of action -The opposing party serves a motion for summary judgment Defendant: -Any time before trial Proceedings Must be served 10 days before hearing -Summary judgment is granted if all the pre-trial evidence shows there is no genuine issue of material fact -Pre-Trial Evidence: Discovery, Affadavits Obligation to Respond -When motion is properly supported by the moving party, the opposing party must respond by pointing out specific facts in the record that show genuine issue of material facts...can't just rely on their own pleading Burden of Pleading Movant always has burden of pleading and persuasion for summary judgment Burden of production must be met by Movant to show there is no genuine issue of material fact Burden of production shifts to the non-movant to show there is issue of genuine material fact How to show no genuine issue of material fact Dependent on who has burden of production/persuasion : Movant: Must show no genuine issue of material fact for element of his claim or defense Non-Movant: Pointing out that non-movant lacks evidence to prove an essential element of his claim/defense, OR Attaching evidence that negates an essential element of movants claim/defense