Registered: 1078687818 Posts: 3,096
Reply with quote #1
Motion for Summary Judgment: A request made by the defendant in a civil case. Asserts that the plaintiff has raised no genuine issue to be tried and asks the judge to rule in favor of the defense. This motion is done before trial and asks the judge to dismiss the matter because there is no basis for the lawsuit. · “Each element must be supported in the same way as any other matter on which the plaintiff bears the burden of proof, i.e., with the manner and degree of evidence required at the successive stages of the litigation." Id. In order to defeat a summary judgment motion, the nonmoving party may not simply rely on his pleadings but must present some evidence on every material issue for which he will bear the burden of proof at trial. Celotex Corp. v. Catrett, 477 U.S. 317, 324 (1986).
Iowa Court Rules 2009: D. SUMMARY JUDGMENTS
Rule 1.981 On what claims.
Summary judgment may be
had under the following conditions and circumstances:
For claimant. A party seeking to recover
upon a claim, counterclaim, cross-petition or cross-claim
or to obtain a declaratory judgment may, at any time after
the appearance day or after the filing of a motion for summary
judgment by the adverse party, move with or without
supporting affidavits for a summary judgment in that
party’s favor upon all or any part thereof.
For defending party. A party against whom a
claim, counterclaim, cross-petition or cross-claim is asserted
or a declaratory judgment is sought may, at any time,
move with or without supporting affidavits for a summary
judgment in that party’s favor as to all or any part thereof.
Motion and proceedings thereon. The motion
shall be filed not less than 60 days prior to the date the
case is set for trial, unless otherwise ordered by the court.
Any party resisting the motion shall file a resistance within
15 days, unless otherwise ordered by the court, from
the time when a copy of the motion has been served. The
resistance shall include a statement of disputed facts, if
any, and a memorandum of authorities supporting the resistance.
If affidavits supporting the resistance are filed,
they must be filed with the resistance. Notwithstanding
the provisions of rules 1.431 and 1.435, the time fixed forhearing or nonoral submission shall be not less than 20
days after the filing of the motion, unless a shorter time is
ordered by the court. The judgment sought shall be rendered
forthwith if the pleadings, depositions, answers to
interrogatories, and admissions on file, together with the
affidavits, if any, show that there is no genuine issue as to
any material fact and that the moving party is entitled to a
judgment as a matter of law. A summary judgment, interlocutory
in character, may be rendered on the issue of liability
alone although there is a genuine issue as to the
amount of damages. If summary judgment is rendered on
the entire case, rule 1.904(2) shall apply.
Case not fully adjudicated on motion. If on
motion under this rule judgment is not rendered upon the
whole case or for all the relief asked and a trial is necessary,
the court at the hearing of the motion, by examining
the pleadings and the evidence before it and by interrogating
counsel, shall if practicable ascertain what material
facts exist without substantial controversy and what
material facts are actually and in good faith controverted.
It shall thereupon make an order specifying the facts that
appear without substantial controversy, including the extent
to which the amount of damages or other relief is not
in controversy, and directing such further proceedings in
the action as are just. Upon the trial of the action the facts
so specified shall be deemed established, and the trial
shall be conducted accordingly.
Form of affidavits; further testimony; defense
Supporting and opposing affidavits shall be
made on personal knowledge, shall set forth such facts as
would be admissible in evidence, and shall show affirmatively
that the affiant is competent to testify to the matters
stated therein. Sworn or certified copies of all papers
or parts thereof referred to in an affidavit shall be attached
thereto or filed therewith. The court may permit affidavits
to be supplemented or opposed by depositions, answers to
interrogatories, further affidavits, or oral testimony. When
a motion for summary judgment is made and supported as
provided in this rule, an adverse party may not rest upon
the mere allegations or denials in the pleadings, but the response,
by affidavits or as otherwise provided in this rule,
must set forth specific facts showing that there is a genuine
issue for trial. If the adverse party does not so respond,
summary judgment, if appropriate, shall be entered.
When affidavits are unavailable. Should it appear
from the affidavits of a party opposing the motion that
the party for reasons stated cannot present by affidavit facts
essential to justify the opposition, the court may refuse the
application for judgment or may order a continuance to permit
affidavits to be obtained or depositions to be taken or
discovery to be had or may make such other order as is just.
Affidavits made in bad faith. Should it
appear to the satisfaction of the court at any time that
any of the affidavits presented pursuant to this rule are
presented in bad faith or solely for the purpose of
delay, the court shall forthwith order the party employing
them to pay to the other party the amount of the
reasonable expenses which the filing of the affidavits
caused that party to incur, including reasonable attorney’s
fees, and any offending party or attorney may beadjudged guilty of contempt.
Supporting statement and memorandum.
Upon any motion for summary judgment pursuant to this
rule, there shall be annexed to the motion a separate, short
and concise statement of the material facts as to which the
moving party contends there is no genuine issue to be
tried, including specific reference to those parts of the
pleadings, depositions, answers to interrogatories, admissions
on file and affidavits which support such contentions
and a memorandum of authorities. [Report
1943; amendment 1967; amendment 1975; amendment
1980; July 15, 1991, effective January 2, 1992; October
31, 1997, effective January 24, 1998; November 9, 2001,
effective February 15, 2002]
P.O. Box 2884
Waterloo, IA 50704-2884
Visit us on facebook under Groups: Iowa Fathers
"Political reasons have not the requisite certainty to afford juridical interpretation. They are different in different men. They are different in the same men at different times. And when a strict interpretation of the Constitution, according to the fixed rules which govern the interpretation of laws, is abandoned, and the theoretical opinions of individuals are allowed to control its meaning, we have no longer a Constitution; we are under a government of individual men, who for the time being have the power to declare what the Constitution is, according to their own views of that it ought to mean." Dred Scott v.Sanford, 19 How. 393, 620 (1857) (Curtis, J., dissenting).