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Legal Memorandum: Granting a Motion for Summary Judgment

Issue: Under the laws of the U.S. Virgin Islands, may summary judgment be granted despite the existence of facts in dispute?

Area of Law: Litigation & Procedure
Keywords: Motion for summary judgment; Existence of facts
Jurisdiction: Federal, Virgin Islands
Cited Cases: None
Cited Statutes: Fed. R. Civ. P. 56
Date: 06/01/2007

Virgin Islands’ local rules cannot trump the Federal Rules of Civil Procedure and thus even if a party fails to respond to a motion for summary judgment the court cannot grant the motion unless the motion and supporting papers demonstrate compliance with all applicable aspects of Fed. R. Civ. P. 56.  Anchorage Associates, 922 F2d at 174-75.  In other words, regardless of a timely response, summary judgment may not be granted unless “the moving party has shown itself to be entitled to judgment as a matter of law.”  Id. 

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