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FRCP 56: Case Summary
372 Words2 Pages
Motion Standard
Under FRCP 56, summary judgment must be granted if the movant, through the pleadings, the discovery, and disclosure materials on file, shows that there is no genuine dispute as to any material fact and that the movant is entitled to judgment as a matter of law. FRCP 56(c) mandates the
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Argument Summary judgment is appropriate when the moving party can show that there is no genuine issue of material fact and that the moving party is entitled to judgment as a matter of law. Cecil v. Cardinal Drilling Co., 244 Mont. 405, 409, 797 P.2d 232, 234 (1990); Mont. R. Civ. P. 56(c). A material fact involves the elements of the cause of action or defenses at issue to an extent that necessitates resolution of the issue by a trier of fact. Arnold v. Yellowstone Mountain Club, LLC, 2004 MT 284, ¶ 15, 323 Mont. 295, 100 P.3d 137.
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