Trial and Post-Trial / Summary Judgment
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Summary Judgment
Summary Judgment Civil Procedure Civil Procedure Summary Judgment Complete Civil Procedure List Civil ProcedureThis topic appears in the UBE 2026 Rules Library master list under Civil Procedure.Summary JudgmentUse this e...
A defendant's summary-judgment motion cites record evidence that the plaintiff missed a contractual notice deadline....
A defendant's summary-judgment motion cites record evidence that the plaintiff missed a contractual notice deadline. The plaintiff's response does not address the notice deadline at all and cites no contrary evidence. Wh...
Citations: Fed. R. Civ. P. 56(e)
A defendant filed a properly supported summary-judgment motion with deposition excerpts and business records. The pla...
A defendant filed a properly supported summary-judgment motion with deposition excerpts and business records. The plaintiff's opposition states that the complaint already alleges the defendant acted wrongfully and that a...
Citations: Fed. R. Civ. P. 56(c), Fed. R. Civ. P. 56(e)
A defendant in federal court wants to file a summary-judgment motion after fact discovery closes. No local rule or sc...
A defendant in federal court wants to file a summary-judgment motion after fact discovery closes. No local rule or scheduling order sets a different deadline. Which statement best describes Rule 56's default timing rule?...
Citations: Fed. R. Civ. P. 56(b), Fed. R. Civ. P. 56(d)
A defendant moved for summary judgment one month after answering. The plaintiff filed a declaration explaining that t...
A defendant moved for summary judgment one month after answering. The plaintiff filed a declaration explaining that the defendant alone has maintenance logs and inspection videos that are needed to oppose the motion and...
Citations: Fed. R. Civ. P. 56(d)
A plaintiff moved for summary judgment on one contract claim. While reviewing the papers, the judge concluded that th...
A plaintiff moved for summary judgment on one contract claim. While reviewing the papers, the judge concluded that the defendant might be entitled to judgment on a different claim that no party briefed. The judge wants t...
Citations: Fed. R. Civ. P. 56(f)
After a full discovery period, a defendant in a federal toxic-exposure case moved for summary judgment. The defendant...
...covery period, a defendant in a federal toxic-exposure case moved for summary judgment. The defendant cited the plaintiff's discovery responses showing no expert witness, no medical causation opinion, and no other admiss...
Citations: Fed. R. Civ. P. 56(c), Celotex Corp. v. Catrett
After discovery in a federal breach-of-contract action, both parties move for summary judgment. The record contains s...
...scovery in a federal breach-of-contract action, both parties move for summary judgment. The record contains signed contracts, emails, deposition excerpts, and competing declarations about whether delivery was accepted. W...
Citations: Fed. R. Civ. P. 56(a)
In opposing summary judgment, a plaintiff submits a signed declaration from a coworker. The declaration says, "I hear...
In opposing summary judgment, a plaintiff submits a signed declaration from a coworker. The declaration says, "I heard from others that the supervisor probably fired plaintiff for reporting safety issues, and in my opini...
Citations: Fed. R. Civ. P. 56(c)
In opposing summary judgment, a plaintiff submits deposition testimony from one witness supporting the plaintiff's ve...
In opposing summary judgment, a plaintiff submits deposition testimony from one witness supporting the plaintiff's version of a key event. The defendant submits deposition testimony from two witnesses contradicting that...
Citations: Fed. R. Civ. P. 56(a), Anderson v. Liberty Lobby, Inc.
In a federal action with three claims, the district court granted summary judgment to the defendant on one claim but...
In a federal action with three claims, the district court granted summary judgment to the defendant on one claim but left two claims for trial. The court did not certify a partial final judgment. The plaintiff filed a no...
Citations: 28 U.S.C. 1291
A brief opposes a store's motion for summary judgment in a slip-and-fall case. The record includes inspection logs, a...
A brief opposes a store's motion for summary judgment in a slip-and-fall case. The record includes inspection logs, a manager's email about a recurring freezer leak, and a photograph of water near the freezer. Which open...
Citations: NCBE MPT preparation materials
An examinee has 90 minutes for an MPT that asks for a persuasive brief opposing summary judgment. The File has a task...
...e has 90 minutes for an MPT that asks for a persuasive brief opposing summary judgment. The File has a task memo, complaint, deposition excerpts, and six emails. The Library has a rule of civil procedure and three cases...
Citations: NCBE MPT preparation materials, NCBE MPT test-day instructions
An examinee is assigned a persuasive brief opposing summary judgment. The task memo asks for the argument section onl...
An examinee is assigned a persuasive brief opposing summary judgment. The task memo asks for the argument section only. The Library states that summary judgment must be denied when the record permits a reasonable factfin...
Citations: NCBE MPT preparation materials, NCBE MPT overview
An MPT task memo asks you to draft a persuasive brief opposing a defendant's motion for summary judgment in a slip-an...
...sks you to draft a persuasive brief opposing a defendant's motion for summary judgment in a slip-and-fall case. The File includes deposition excerpts, store inspection logs, a manager's email, a photograph of a leaking f...
Citations: NCBE MPT preparation materials, NCBE MPT overview
While reading the File, an examinee sees several dates, party titles, a pending summary-judgment motion, and statemen...
...ing the File, an examinee sees several dates, party titles, a pending summary-judgment motion, and statements from different sources. Which statement best describes how those details should be used? The correct answer id...
Citations: NCBE MPT preparation materials
A bakery sued a grocery chain in federal court for terminating a supply contract. The chain moved for summary judgmen...
...federal court for terminating a supply contract. The chain moved for summary judgment, relying on the contract, delivery logs, and a declaration from its purchasing manager stating from personal knowledge that the baker...
Citations: Fed. R. Civ. P. 56(c), Fed. R. Civ. P. 56(e), Fed. R. Civ. P. 56(h)
A warehouse worker sued a chemical manufacturer in federal court, alleging that fumes from a cleaning solvent caused...
...ung injury. After a full discovery period, the manufacturer moved for summary judgment. The manufacturer did not offer its own medical expert. Instead, it cited the worker's interrogatory answers, expert disclosures, and...
Citations: Fed. R. Civ. P. 56(a), Fed. R. Civ. P. 56(c), Fed. R. Civ. P. 56(e), Celotex Corp. v. Catrett
A former procurement manager sued her employer in federal court for retaliation. She alleges that she was fired two w...
...a supervisor steered contracts to a relative. The employer moved for summary judgment, citing the manager's poor quarterly review, a spreadsheet showing missed purchasing targets, and deposition testimony that the final...
Citations: Fed. R. Civ. P. 56(a), Fed. R. Civ. P. 56(c), Anderson v. Liberty Lobby, Inc., Matsushita Elec. Indus. Co. v. Zenith Radio Corp.
A homeowner sued a security-alarm company in federal court after burglars entered through a door that should have tri...
...ugh a door that should have triggered an alarm. The company moved for summary judgment six weeks after answering, before any depositions and before producing service logs. The company submitted an affidavit from its oper...
Citations: Fed. R. Civ. P. 56(d), Fed. R. Civ. P. 56(a)
A software vendor sued a hospital in federal court for breach of a licensing agreement and trade-secret misuse. The v...
...f a licensing agreement and trade-secret misuse. The vendor moved for summary judgment only on the hospital's liability for unpaid license fees. The hospital's opposition admitted that it signed the agreement and had not...
Citations: Fed. R. Civ. P. 56(a), Fed. R. Civ. P. 56(f), Fed. R. Civ. P. 56(g)
In a federal contract case, the parties agree that a contract was signed and that the defendant missed two delivery d...
...ether the plaintiff waived later performance. The plaintiff moves for summary judgment on liability only. Which statement is most accurate? The correct answer captures Rule 56's ability to narrow a case without necessari...
Citations: Fed. R. Civ. P. 56(a), Fed. R. Civ. P. 56(g)
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