Utah
Rule Civil Procedure 56 - Summary Judgment
Under the Rule 56 of the
Utah Rules of Civil Procedure, a motion for
summary judgment is appropriate when there are no genuine issues of
material fact. In other words, when there is no dispute over
the material facts relating to a civil law suit, but the parties
disagree as to how the law should apply to those facts, a judge may
make a ruling prior to trial that can end the case. Used
appropriately, a Utah motion for summary judgment can help reduce the
time and expense involved in a civil suit.

In order to
support a motion for summary judgment under Utah law, the
party making the motion must demonstrate that there are sufficient
undisputed facts to establish that a judgment as a matter of law is
appropriate. The facts supporting the motion for summary
judgment must be apparent from the pleadings, depositions, answers to
interrogatories, and admissions filed with the court. In some
cases, additional affidavits may be necessary to establish the facts
supporting a motion for summary judgment.
If a party is opposing a motion for summary judgment in a Utah civil
lawsuit, that party cannot merely rely on the allegations or denials
that were made in the initial complaint or answer. Instead,
the opposing party must respond by presenting affidavits or other forms
of evidence that demonstrate that there is an actual dispute as to
facts that are material to the case. Under Rule 7 of the Utah
Rules of Civil Procedure, any fact set forth by the party making the
motion will be deemed admitted for purposes of summary judgment unless
it is controverted by the opposing party.
If you are involved in litigation in Utah, our experienced
Utah attorneys can help
determine how a motion for summary judgment can be an
effective part of your litigation strategy.
Find out more about the
Utah
Rules of Civil Procedure, or
contact
Stephen Howard now to schedule an initial consultation.
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