What is the standard for granting summary judgment?

What is the standard for granting summary judgment?

• A. The judge will automatically grant judgment if the motion is filed late.
• B. The court may consider additional discovery before ruling.
• C. No genuine issue of material fact and the moving party is entitled to judgment as a matter of law.
• D. The motion for summary judgment requires a full trial to resolve all issues.

Answer: (C)

Summary judgment is proper when there is no genuine issue of material fact and the moving party is entitled to judgment as a matter of law. In North Carolina, that means the evidence, viewed in the light most favorable to the non-moving party, shows that the essential facts are not in dispute and the law requires judgment for the moving party. If there is any real disagreement about facts that could affect the outcome, summary judgment should be denied and the case proceed to trial. This standard is not about timing or discovery alone, and it doesn’t require a full trial. It’s about whether the facts that matter for liability or relief are settled enough to decide the case by applying the law to those facts. It also doesn’t support forcing a trial to resolve issues that can be decided on the law given undisputed facts.

Summary judgment is proper when there is no genuine issue of material fact and the moving party is entitled to judgment as a matter of law. In North Carolina, that means the evidence, viewed in the light most favorable to the non-moving party, shows that the essential facts are not in dispute and the law requires judgment for the moving party. If there is any real disagreement about facts that could affect the outcome, summary judgment should be denied and the case proceed to trial.

This standard is not about timing or discovery alone, and it doesn’t require a full trial. It’s about whether the facts that matter for liability or relief are settled enough to decide the case by applying the law to those facts. It also doesn’t support forcing a trial to resolve issues that can be decided on the law given undisputed facts.