Legal Memorandum: Granting Summary Judgment in OH

Issue: Under Ohio law, when is summary judgment granted?

Area of Law: Litigation & Procedure
Keywords: Summary judgment; No genuine issue as to any material fact; Judgment as a matter of law
Jurisdiction: Ohio
Cited Cases: 662 N.E.2d 264; 587 N.E.2d 825; 659 N.E.2d 326
Cited Statutes: None
Date: 01/01/2000

tc l2 "A. Standard of Appellate Review

The proper test requires that summary judgment be granted only when the moving party establishes (1) that there is no genuine issue as to any material fact; (2) that the moving party’s entitled to judgment as a matter of law; and (3) that reasonable minds can come to but one conclusion and that conclusion is adverse to the party against whom the motion for summary judgment is made.  Evans v. Southern Ohio Med. Ctr., 103 Ohio App. 3d 250, 253, 659 N.E.2d 326, 328 (4th Dist. 1995); Ohio R. Civ. P. 56(c).  In making these determinations all doubts must be resolved and all evidence construed against the moving party.  Osborne v. Lyles, 63 Ohio St. 3d 326, 333, 587 N.E.2d 825, 831 (1992).

With respect to the first prerequisite, that the moving party establish that there are no genuine issues of material fact for trial, the details of the requirement vary somewhat depending upon which party bears the ultimate burden of production on this issue at trial.  See Pennsylvania Lumbermens Ins. Corp. v. Landmark Elec., Inc., 110 Ohio App. 3d 732, 742 n.1, 675 N.E.2d 65, 72 n.1 (2d Dist. 1996); Evans, 103 Ohio App. 3d at 255, 659 N.E.2d at 329-30.

When the non-moving party bears the burden of production on the issue at trial, then, on the summary judgment motion, the moving party “bears the initial responsibility of informing the trial court of […]

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