When evidence is missing in a motion for summary judgment, what can the court do?

When evidence is missing in a motion for summary judgment, what can the court do?

• A. Grant summary judgment anyway.
• B. Order sanctions against opposing party.
• C. Deny the motion outright.
• D. Defer ruling and allow time to obtain affidavits or conduct discovery.

Answer: (D)

When a motion for summary judgment is confronted with missing evidence, the court should defer ruling and allow time to obtain affidavits or conduct discovery. Summary judgment rests on showing there is no genuine dispute of material fact, and if the record is incomplete, the court cannot decide that there’s no issue to resolve. By granting extra time for discovery or to submit affidavits, the court helps ensure the motion is evaluated on a full and fair record, and only then can it determine whether judgment as a matter of law is appropriate. Sanctions aren’t automatically triggered by missing evidence, and denying outright isn’t the only path—the proper remedy when the record is incomplete is to give parties a chance to fill the gaps.

When a motion for summary judgment is confronted with missing evidence, the court should defer ruling and allow time to obtain affidavits or conduct discovery. Summary judgment rests on showing there is no genuine dispute of material fact, and if the record is incomplete, the court cannot decide that there’s no issue to resolve. By granting extra time for discovery or to submit affidavits, the court helps ensure the motion is evaluated on a full and fair record, and only then can it determine whether judgment as a matter of law is appropriate. Sanctions aren’t automatically triggered by missing evidence, and denying outright isn’t the only path—the proper remedy when the record is incomplete is to give parties a chance to fill the gaps.