What are the court rules for a summary judgment hearing?

In Idaho, the court rules for a summary judgment hearing are outlined in Idaho Rules of Civil Procedure Rule 56. Generally speaking, a summary judgment hearing is a pre-trial hearing to determine if there is enough evidence to have a trial. The summary judgment hearing requires both parties to present evidence in support of or against the motion for summary judgment. If the court determines that there is sufficient evidence, the court can grant the summary judgment motion and terminate the case. In order for a motion for summary judgment to be granted, the party filing the motion must show that there is no genuine issue as to any material fact and that they are entitled to judgment as a matter of law. Additionally, the party moving for summary judgment must provide evidence of the facts supporting the motion. The opposing party must then respond with affidavits, declarations, or admissible evidence of their own in order to challenge the motion. Once both parties have provided evidence in support of or against the motion, the court reviews the evidence. If the court finds that there is no genuine dispute as to any material fact, the court can enter a summary judgment in favor of the party moving for the summary judgment. On the other hand, if the court finds that there are genuine issues of material fact, the court will deny the motion and set the case for trial.

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What are the court rules for a summary judgment hearing?

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