Summary judgment at sixty

Texas Law Review

Volumn 76, Issue 7, 1998, Pages

  Wald, Patricia M ^a  

^a NONE

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EID: 0041705116     PISSN: 00404411     EISSN: None     Source Type: Journal    
DOI: None     Document Type: Review

References (4)

1. See FED. R. CIV. P. 56, 1937 advisory committee's note ("Summary judgment procedure is a method for promptly disposing of actions in which there is no genuine issue of any material fact."); see also Charles E. Clark & Charles U. Samenow, The Summary Judgment, 38 YALE L.J. 423, 423 (1929) (arguing that summary judgment is "available for the prompt disposition of bona fide issues of law as well as of sham defenses").
2. See FED. R. CIV. P. 56, 1937 advisory committee's note ("Summary judgment procedure is a method for promptly disposing of actions in which there is no genuine issue of any material fact."); see also Charles E. Clark & Charles U. Samenow, The Summary Judgment, 38 YALE L.J. 423, 423 (1929) (arguing that summary judgment is "available for the prompt disposition of bona fide issues of law as well as of sham defenses").
3. 10 CHARLES ALAN WRIGHT, ARTHUR R. MILLER & MARY KAY KANE, FEDERAL PRACTICE AND PROCEDURE § 2712, at 563 (2d ed. 1983).
4. The following is the current text of Rule 56 (omitting two subsections that I do not discuss herein): Rule 56. Summary Judgment (a) For Claimant. A party seeking to recover upon a claim, counterclaim, or cross-claim or to obtain a declaratory judgment may, at any time after the expiration of 20 days from the commencement of the action or after service of a motion for summary judgment by the adverse party, move with or without supporting affidavits for a summary judgment in the party's favor upon all or any part thereof. (b) For Defending Party. A party against whom a claim, counterclaim, or cross-claim is asserted or a declaratory judgment is sought may, at any time, move with or without supporting affidavits for a summary judgment in the party's favor as to all or any part thereof. (c) Motion and Proceedings Thereon. The motion shall be served at least 10 days before the time fixed for the hearing. The adverse party prior to the day of hearing may serve opposing affidavits. The judgment sought shall be rendered forthwith if the pleadings, depositions, answers to interrogatories, and admissions on file, together with