Motions Practice in General
Summary Judgment Rules and Standards
Factual Assertions in Summary Judgment Motions
Final Jeopardy
100
This is the structural part of the motion papers contemplated in Supreme Court Rule 133 and 141 in which one presents the arguments in support of the motion
What is the Memorandum of Law in Support of the Motion
100
This Federal Rule of Civil Procedure governs Summary Judgment.
What is Rule 56.
100
All assertions of fact in a motion for summary judgment or opposition to summary judgment must be supported by one of the following methods
citations to particular parts of the record including: depositions; documents; electronically stored information; affidavits or declarations; stipulations; admissions; interrogatory answers; or other materials.
100
Summary Judgment motions are typically brought by a party after this has been done in the case:
What is substantial discovery.
200
This document at the end of the motion informs the court that your opponent has received a copy of your motion.
What is The Certificate of Service
200
True or false: Summary judgment can be made only on all claims in a case; it cannot be made on just one.
What is False. Summary judgment can be sought on all or some claims
200
Affidavits used to support or oppose summary judgment must conform to these criteria:
What is: They must be based upon personal knowledge; set out facts that would be admissible in evidence; and show that the affiant or declarant is competent to testify on the matters stated.
300
In this part of the memorandum or brief in support of the motion, a lawyer interweaves relevant facts with governing law in a persuasive manner.
What is the argument
300
This is the standard the court uses in determining summary judgment.
What is “No genuine dispute as to any material fact and the movant is entitled to judgment as a matter of law.”
300
When an affidavit or declaration is submitted in bad faith the court may - after notice and a reasonable time to respond - do one of the following:
What is: Order the submitting party to pay the other party the reasonable expenses, including attorneys fees, it incurred as a result; or Hold the offending party or attorney in contempt; or Other appropriate sanctions.
400
This is a collateral benefit of filing a good motion
What is: Establish your abilities as an attorney; Or Establish the strength of your case; Or Lay the groundwork for negotiations; Or Position yourself well for trial.
400
This is the amount of time the responding party has to file papers in opposition to a summary judgment motion.
What is 21 days. [See local rule for US District Court for the District of Kansas, Rule 6.1; see also Shawnee County DCR 3.202.]
400
True or False, Under Kansas Supreme Court Rule 141, responses to allegations of fact in a summary judgment motion are limited to these options exclusively: “controverted” or “uncontroverted”.
What is False. They may be: (A) Uncontroverted; (B) Uncontroverted for purposes of the motion only; or (C) Controverted, and if controverted: (i) concisely summarize the conflicting testimony or evidence and any additional genuine issues of material fact that preclude summary judgment; and (ii) provide precise references to the record as required by the rule.
500
In the United States District Court for the District of Kansas and in Shawnee County District Court, the time for responding to a non-dispositive motion is this:
What is 14 days [See local rule 6.1 and DCR 3.202.]
500
This Kansas Supreme Court Rule governs summary judgment motions.
What is Rule 141.
500
True or False: A court may weigh competing valid evidentiary assertions to determine that a fact is undisputed
What is False. Doing so would necessarily mean that the fact is in dispute.
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