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

In New Hampshire, when there is a motion for summary judgment, the standard of review is the same as that of a trial court. The court must consider all of the evidence presented and determine whether or not there is a genuine issue of material fact. If there is a genuine issue of material fact, then the motion must be denied. A “genuine issue” is one where there is sufficient evidence in the record for a reasonable fact-finder to conclude that the non-movant’s position is correct. In addition to the evidence presented, the court will also consider the pleadings and any affidavits submitted by the parties. The court will also look to any “inferences” or “implications” that may be drawn from the facts presented. The court will then determine whether the party making the motion has met their burden of proof. If the movant has not met their burden of proof, then the motion for summary judgment must be denied. The standard of review on a motion for summary judgment is intended to be a higher standard than that of a trial, and the legal standard is framed as a “heightened burden of proof”. The court must consider all of the evidence presented in its entirety when determining whether there is a genuine issue of material fact in order to decide the motion for summary judgment, so that a full and fair determination can be made. Ultimately, the court must determine whether a reasonable jury could find for the non-movant and, if so, deny the motion.

Related FAQs

What procedures are available to challenge a conviction on appeal?
What is the cost of filing an appeal?
What is the process for seeking an en banc hearing on an appeal?
What is the difference between a petition for rehearing and a petition for certiorari?
What is the difference between a direct appeal and a writ of habeas corpus?
What is the process for filing an appellate brief?
What types of appellate arguments are available?
How do I protect my rights if I do not have an attorney during an appeal?
What is the process for filing a petition for writ of habeas corpus?
How are cases selected for review by an appellate court?

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

Related FAQs

Related Blog Posts