More on Summary Judgment with sample motion, affidavits, memorandum in support of summary judgment and in opposition to summary judgment
Rule 56 of the S.C. Rules of Civil Procedure allows a party to request the Court to grant judgment without a trial. It is requested by filing a Motion for Summary Judgment. The Court may grant summary judgement if there is "no genuine issue of material fact" for a judge or jury to decide on. This is determined based on the evidence presented to the presiding Judge when the motion comes up on the motion docket.
What evidence does the judge consider?
1. Answers to discovery requests
2. Documents that are authenticated or verified by a witness