What are the court rules for a summary judgment hearing?

Summary judgment hearings in Massachusetts are governed by Rule 56 of the Massachusetts Rules of Civil Procedure. This rule states that a party may move for a judgment on the merits of a claim or defense without a trial. The moving party must present evidence and persuade the court that there is no genuine issue of material fact and that the moving party is entitled to judgment as a matter of law. In order for a court to grant a summary judgment, the party opposing the motion must demonstrate that there is a genuine dispute of material fact based on competent evidence, such as affidavits, deposition testimony, and documents. When evaluating the motion, the court must take the evidence presented in the light most favorable to the non-moving party. The court will hear arguments from both sides before deciding whether to grant or deny the motion for summary judgment. Both parties must be present at the hearing. The court may also order a pretrial conference and require the parties to submit briefs prior to the hearing as part of the summary judgment process. Once the court has heard the arguments and reviewed any required documents, it will issue a ruling on the summary judgment motion. If the motion is granted, the court will decide the case without a trial. If the motion is denied, the case will proceed to trial.

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What are the court rules for a summary judgment hearing?

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