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(1) A motion shall set forth the relief requested and the grounds therefor. (2) A response shall be filed within 10 days of the filing of the motion. Any response by a party shall respond to the motion of the moving party and not to a response filed by another party.
Although the law is clear that only admissible evidence may be considered on summary judgment, that does not mean that the material must be presented in a form that would be admissible at trial. Affidavits and declarations are the classic examples.
A summary judgment is a decision made based on statements and evidence without going to trial. It's a final decision by a judge and is designed to resolve a lawsuit before going to court.
(2) Paper pleadings may only be filed when the self-represented party is not a registered user of the court-authorized service provider. All pleadings filed in paper format shall be on white 8½ x 11-inch paper; printed on only one side of each sheet, and shall be bound by a paper clip and not stapled.
Summary judgment is a drastic remedy that should be granted only if no triable issues of fact exist and the movant is entitled to judgment as a matter of law. Alvarez v. Prospect Hosp., 68 N.Y. 2d 320, 324 [1986]; Andre v.
The court shall grant summary judgment if the movant shows that there is no genuine dispute as to any material fact and the movant is entitled to judgment as a matter of law.
Unless otherwise permitted by the court for good cause shown, no party shall serve upon any other party more than fifty interrogatories.
25-1332. Motion for summary judgment; proceedings. The judgment sought shall be rendered forthwith if the pleadings and the evidence admitted at the hearing show that there is no genuine dispute as to any material fact and that the moving party is entitled to a judgment as a matter of law.