Civil Procedure Multistate Bar Practice Exam

Which of the following is a requirement for a motion for summary judgment?

1. No genuine dispute on a material fact

2. A jury must be present to determine facts

3. The plaintiff must be present during the motion

4. Evidence must be presented through oral testimony only

The correct answer is: No genuine dispute on a material fact

A motion for summary judgment is grounded in the requirement that there is no genuine dispute on a material fact. The purpose of this motion is to seek a ruling by the court that, even when viewing the evidence in the light most favorable to the non-moving party, no reasonable jury could find for that party. This reflects the principle that if there are no significant facts in dispute that could affect the outcome of the case, the issue can be decided as a matter of law, thus avoiding the need for a trial. The presence of a jury is not a prerequisite for a summary judgment motion, as such motions are decided by the judge. Additionally, while parties may choose to present evidence at the hearing, it is not mandatory for the plaintiff to appear, nor must evidence be presented exclusively through oral testimony. Documentary evidence and affidavits can also be used to establish facts in support of or against the motion. Therefore, the absence of a genuine dispute regarding a material fact remains the fundamental requirement for granting summary judgment.