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

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

• A. Defer considering the motion and give counsel time to obtain the affidavit or declaration or get discovery another way.
• B. Grant summary judgment in favor of the moving party.
• C. Dismiss the action for lack of evidence.
• D. Grant a new trial.

Answer: (B)

When deciding a summary-judgment motion, the court must determine whether there is any genuine dispute about a material fact. If essential evidence is missing, the court cannot conclude that there is no such dispute. In that situation, the proper path is to defer ruling under Rule 56(d) and give the parties time to obtain the necessary affidavits, declarations, or to pursue discovery by other means. This allows the record to be developed so the court can make an informed decision about whether there is a genuine issue of material fact that requires a trial. Granting summary judgment with missing evidence would risk deciding cases on an incomplete record, while dismissing for lack of evidence or granting a new trial at this stage would not align with the purpose and timing of summary judgment.

When deciding a summary-judgment motion, the court must determine whether there is any genuine dispute about a material fact. If essential evidence is missing, the court cannot conclude that there is no such dispute. In that situation, the proper path is to defer ruling under Rule 56(d) and give the parties time to obtain the necessary affidavits, declarations, or to pursue discovery by other means. This allows the record to be developed so the court can make an informed decision about whether there is a genuine issue of material fact that requires a trial. Granting summary judgment with missing evidence would risk deciding cases on an incomplete record, while dismissing for lack of evidence or granting a new trial at this stage would not align with the purpose and timing of summary judgment.