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Legal Memorandum: Standard for Granting Summary Judgment

Issue: What is the standard for granting summary judgment under the law of New Jersey?

Area of Law: Litigation & Procedure
Keywords: Summary judgment; Genuine issue as to any material fact
Jurisdiction: New Jersey
Cited Cases: None
Cited Statutes: R. 4:46-2(c)
Date: 05/01/2004

Summary judgment may only be granted “if the pleadings, depositions, answers to interrogatories and admissions on file, together with the affidavits, if any, show that there is no genuine issue as to any material fact challenged and that the moving party is entitled to a judgment or order as a matter of law.”  R. 4:46-2(c) TA l "R. 4:46-2(c)" s "R. 4:46-2(c)" c 4 .  When deciding a motion for summary judgment, the Supreme Court of New Jersey has stated that New Jersey law

requires the motion judge to consider whether the competent evidential materials presented, when viewed in the light most favorable to the non-moving party in consideration of the applicable evidentiary standard, are sufficient to permit a rational factfinder to resolve the alleged disputed issue in favor of the non-moving party.

 

Brill v. Guardian Life Ins. Co. of Am., 142 N.J. 520, 523 (1995) TA l "Brill v. Guardian Life Ins. Co. of Am., 142 N.J. 520 (1995)" s "Brill v. Guardian (1995)" c 1 . 

The determination of the existence of a material fact requires the judge to consider whether the evidence, viewed in the non-movant’s favor, is sufficient to allow a reasonable factfinder to resolve the disputed issue in the non-movant’s favor.  Board of Fire Comm’rs v. Cascella, 326 N.J. Super. 142, 145 (Law Div. 1998) TA l "Board of Fire Comm’rs v. Cascella, 326 N.J. Super. 142(Law Div. 1998)" s "Board of Fire Comm’rs v. […]

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