What is the standard of review on a motion for summary judgment?

In Alaska, when a motion for summary judgment is filed in a court of appeals, the standard of review is de novo. This means the appellate court will review the lower court’s decision as if it were considering the matter for the first time, without giving any deference to any previous rulings. The appellate court will not assume that the lower court was correct in its rulings, and will independently review the facts and arguments from both sides to reach a new conclusion. To determine whether a motion for summary judgment should be granted, the appellate court will review all of the evidence and decide whether there are any genuine issues of material fact that require resolution by a jury or trial court. If the evidence presented is such that no reasonable jury could return a verdict for the non-moving party, then the motion for summary judgment should be granted. However, if there are issues that must be decided by a jury or trial court, then summary judgment should be denied. In sum, the standard of review for summary judgment motions in the appeals courts of Alaska is de novo. The appellate court will independently review all of the evidence and decide whether any genuine issues of material fact remain, and then make their own determination whether to grant or deny the motion.

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What is the standard of review on a motion for summary judgment?

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