Tennessee Plaintiffs statement of Undisputed Material Facts - part 4

Summary Judgment motions: You must wait at least 60 days after the defendant has answered or demurred, and the motion must be heard at least 30 days before the scheduled trial date.

A fact is said to be in dispute when it is alleged by one party and denied by the other, and by both with some show of reason. A mere naked allegation, without evidence, or against the evidence, cannot create a dispute within the meaning of the law.

A sample separate statement of undisputed material facts that a party may use to support a motion for summary judgment or summary adjudication in an unlimited civil action in California state court.

A separate statement is a separate document filed and served with the discovery motion that provides all the information necessary to understand each discovery request and all the responses to it that are at issue.

A disagreement between opposing parties on facts legally relevant to a claim. The disagreement must be "genuine" in the sense that it must be plausible (e.g., one cannot logically dispute a contract date without also alleging that a copy of a contract with that date inaccurately reflects the agreement).

Under Rule 56, in order to succeed in a motion for summary judgment, a movant must show 1) that there is no genuine dispute as to any material fact, and 2) that the movant is entitled to judgment as a matter of law. "Material fact" refers to any facts that could allow a fact-finder to decide against the movant.

Consequences of Refusing to Provide Evidence Requested in a Motion to Compel. If the court issues an order that compels your spouse to produce the discovery you are seeking but your spouse still refuses to provide evidence, the judge may impose further sanctions such as: A verdict in your favor.