Issue: Standard for Summary Judgment in Indiana.
|Area of Law:||Litigation & Procedure|
|Keywords:||Summary judgment; No genuine issue as to any material fact; Judgment as a matter of law|
|Cited Cases:||676 N.E.2d 379; 586 N.E.2d 861; 575 N.E.2d 630|
|Cited Statutes:||Rule 56 (C) of the Indiana Rules of Trial Procedure|
Pursuant to Rule 56 (C) of the Indiana Rules of Trial Procedure, summary judgment is appropriate if the “pleadings, depositions, answers to interrogatories, admissions and affidavits … together with any testimony show that there is no genuine issue as to any material fact and that the moving party is entitled to judgment as a matter of law.” York v. Union Carbide Corp., 586 N.E.2d 861, 864 (Ind. Ct. App. 1992). If that showing is made, the opponent of the motion for summary judgment must come forth with sufficient evidence to “demonstrate the existence of a factual issue for trial.” Id.; Cowe v. Forum Group, 575 N.E.2d 630, 633 (Ind. 1991); Ozinga Transp. Systems v. Mich. Ash Sales, 676 N.E.2d 379, 383 (Ind. Ct. App. 1997).
In opposing a motion for summary judgment, the non-moving party may not “rest upon the mere allegations or denials in his pleading” but must set forth specific facts to show that there is a genuine issue for trial. York, 586 n.E.2d at 861. Even though conflicting facts or inferences regarding some elements of the claim may exist, summary judgment is still proper where there is no conflict regarding facts dispositive of the litigation. Ozinga, 676 N.E.2d at 384 (Ind. Ct. App. 1997).