A motion for summary judgment is proper when what is shown?

A motion for summary judgment is proper when what is shown?

• A. There is no genuine issue as to any material fact
• B. The case is ready for trial
• C. The damages are determinable
• D. The appeal has not yet been filed

Answer: (A)

The key idea is that a motion for summary judgment is appropriate when there are no genuine disputes about material facts, so the case can be decided as a matter of law. In North Carolina practice, the movant must show there is no genuine issue of material fact and that, based on the undisputed facts, they are entitled to judgment as a matter of law. If a genuine issue about any material fact could affect the outcome, summary judgment must be denied and the case proceeds to trial. This means the focus is not on whether the case is ready for trial or whether damages are known or determinable, nor on whether an appeal has been filed. Those aspects don’t determine whether summary judgment is proper; the controlling factor is the presence or absence of a genuine, material-fact dispute.

The key idea is that a motion for summary judgment is appropriate when there are no genuine disputes about material facts, so the case can be decided as a matter of law. In North Carolina practice, the movant must show there is no genuine issue of material fact and that, based on the undisputed facts, they are entitled to judgment as a matter of law. If a genuine issue about any material fact could affect the outcome, summary judgment must be denied and the case proceeds to trial.

This means the focus is not on whether the case is ready for trial or whether damages are known or determinable, nor on whether an appeal has been filed. Those aspects don’t determine whether summary judgment is proper; the controlling factor is the presence or absence of a genuine, material-fact dispute.