Name four ways to satisfy the SJ burden.

Name four ways to satisfy the SJ burden.

• A. Filing for default judgment
• B. Only rely on pleadings
• C. Waiting for trial
• D. Produce and present contrary evidence showing a triable issue of fact; (1) Affidavits by persons with actual knowledge; (2) Relevant documents; (3) Discovery materials; (4) Collateral Estoppel (already had a full & fair hearing)

Answer: (D)

The main concept is satisfying the summary judgment burden by showing there is no genuine dispute of material fact. When you move for summary judgment, you must demonstrate that, based on admissible evidence, there is no triable issue and you are entitled to judgment as a matter of law. The strongest approach is to present evidence that directly counters the other side’s claims and shows that no factual issue would exist if the case went to trial. This can be done by providing: affidavits from people with actual knowledge; relevant documents such as contracts, records, or communications; discovery materials like interrogatories, admissions, and depositions; and collateral estoppel where a prior full and fair hearing already resolved the issue. Together, these pieces of evidence establish the facts for the judge to decide whether any material fact is in dispute and, if not, grant judgment. Filing for default judgment isn’t about proving there’s no factual dispute; it arises when the other side fails to respond. Relying only on pleadings leaves factual questions unresolved, and waiting for trial bypasses the purpose of summary judgment by not resolving issues that could be decided without a trial.

The main concept is satisfying the summary judgment burden by showing there is no genuine dispute of material fact. When you move for summary judgment, you must demonstrate that, based on admissible evidence, there is no triable issue and you are entitled to judgment as a matter of law. The strongest approach is to present evidence that directly counters the other side’s claims and shows that no factual issue would exist if the case went to trial. This can be done by providing: affidavits from people with actual knowledge; relevant documents such as contracts, records, or communications; discovery materials like interrogatories, admissions, and depositions; and collateral estoppel where a prior full and fair hearing already resolved the issue. Together, these pieces of evidence establish the facts for the judge to decide whether any material fact is in dispute and, if not, grant judgment.

Filing for default judgment isn’t about proving there’s no factual dispute; it arises when the other side fails to respond. Relying only on pleadings leaves factual questions unresolved, and waiting for trial bypasses the purpose of summary judgment by not resolving issues that could be decided without a trial.