60-256.Summary judgment.(a) For claimant. A party seeking to recover upon a claim,counterclaim or cross-claim or to obtain a declaratory judgment may, atany time after the expiration of 20 days from the commencement ofthe action or after service of a motion for summary judgment by the adverseparty, move with or without supporting affidavits for a summary judgment inthe party's favor as to 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 issought may, at any time, move with or without supporting affidavits for asummary judgment in the party's favor as to all or any part thereof.
(c) Motion and proceeding thereon. The motion shall be served atleast 21 days before the time fixed for the hearing. Theadverseparty prior to the day of hearing may serve opposing affidavits. Thejudgment sought shall be rendered forthwith if the pleadings, depositions,answers to interrogatories and admissions on file, together with theaffidavits, if any, show that there is no genuine issue as to any materialfact and that the moving party is entitled to a judgment as a matter oflaw. A summary judgment, interlocutory in character, may be rendered on theissue of liability alone although there is a genuine issue as to the amountof damages.
(d) Case not fully adjudicated on motion. If on motion under thissection judgment is not rendered upon the whole case or for all the reliefasked and a trial is necessary, the court at the hearing of the motion, byexamining the pleadings and the evidence before it and by interrogatingcounsel, shall if practicable ascertain what material facts exist withoutsubstantial controversy and what material facts are actually and in goodfaith controverted. It shall thereupon make an order specifying the factsthat appear without substantial controversy, including the extent to whichthe amount of damages or other relief is not in controversy, and directingsuch further proceedings in the actions as are just. Upon the trial of theaction the facts so specified shall be deemed established, and the trialshall be conducted accordingly.
(e) Form of affidavits; further testimony; defense required. Supportingand opposingaffidavits shall be made on personal knowledge, shall set forth such factsas would be admissible in evidence and shall show affirmatively that theaffiant is competent to testify to the matters stated therein. Sworn orcertified copies of all papers or parts thereof referred to in an affidavitshall be attached thereto or served therewith. The court may permitaffidavits to be supplemented or opposed by depositions, answers tointerrogatories or furtheraffidavits. When a motion for summary judgment is made and supported asprovided in this section, an adverse party may not rest upon the mereallegations or denials of the adverse party's pleading, but the adverseparty's response, by affidavits or as otherwise provided in this section,must set forth specific facts showing that there is a genuine issue fortrial. If the adverse party does not so respond, summary judgment, ifappropriate, shall be entered against the adverse party.
(f) When affidavits are unavailable. Should it appear from theaffidavits of a party opposing the motion that the partycannot for reasonsstated present by affidavit facts essential to justifysuch party's opposition,the court may refuse the application for judgment or may order a continuance topermit affidavits to be obtained or depositions to be taken or discovery tobe had or may make such other order as is just.
(g) Affidavits made in bad faith. Should it appear to thesatisfaction of the court at any time that any of the affidavits presentedpursuant to this section are presented in bad faith or solely for the purposeof delay, the court shall forthwith order the party employing them to payto the other party the amount of the reasonable expenses which the filingof the affidavits caused the party to incur, includingreasonable attorney fees, and any offending party orattorney may be adjudged guilty ofcontempt.
60-256.Summary judgment.(a) For claimant. A party seeking to recover upon a claim,counterclaim or cross-claim or to obtain a declaratory judgment may, atany time after the expiration of 20 days from the commencement ofthe action or after service of a motion for summary judgment by the adverseparty, move with or without supporting affidavits for a summary judgment inthe party's favor as to 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 issought may, at any time, move with or without supporting affidavits for asummary judgment in the party's favor as to all or any part thereof.
(c) Motion and proceeding thereon. The motion shall be served atleast 21 days before the time fixed for the hearing. Theadverseparty prior to the day of hearing may serve opposing affidavits. Thejudgment sought shall be rendered forthwith if the pleadings, depositions,answers to interrogatories and admissions on file, together with theaffidavits, if any, show that there is no genuine issue as to any materialfact and that the moving party is entitled to a judgment as a matter oflaw. A summary judgment, interlocutory in character, may be rendered on theissue of liability alone although there is a genuine issue as to the amountof damages.
(d) Case not fully adjudicated on motion. If on motion under thissection judgment is not rendered upon the whole case or for all the reliefasked and a trial is necessary, the court at the hearing of the motion, byexamining the pleadings and the evidence before it and by interrogatingcounsel, shall if practicable ascertain what material facts exist withoutsubstantial controversy and what material facts are actually and in goodfaith controverted. It shall thereupon make an order specifying the factsthat appear without substantial controversy, including the extent to whichthe amount of damages or other relief is not in controversy, and directingsuch further proceedings in the actions as are just. Upon the trial of theaction the facts so specified shall be deemed established, and the trialshall be conducted accordingly.
(e) Form of affidavits; further testimony; defense required. Supportingand opposingaffidavits shall be made on personal knowledge, shall set forth such factsas would be admissible in evidence and shall show affirmatively that theaffiant is competent to testify to the matters stated therein. Sworn orcertified copies of all papers or parts thereof referred to in an affidavitshall be attached thereto or served therewith. The court may permitaffidavits to be supplemented or opposed by depositions, answers tointerrogatories or furtheraffidavits. When a motion for summary judgment is made and supported asprovided in this section, an adverse party may not rest upon the mereallegations or denials of the adverse party's pleading, but the adverseparty's response, by affidavits or as otherwise provided in this section,must set forth specific facts showing that there is a genuine issue fortrial. If the adverse party does not so respond, summary judgment, ifappropriate, shall be entered against the adverse party.
(f) When affidavits are unavailable. Should it appear from theaffidavits of a party opposing the motion that the partycannot for reasonsstated present by affidavit facts essential to justifysuch party's opposition,the court may refuse the application for judgment or may order a continuance topermit affidavits to be obtained or depositions to be taken or discovery tobe had or may make such other order as is just.
(g) Affidavits made in bad faith. Should it appear to thesatisfaction of the court at any time that any of the affidavits presentedpursuant to this section are presented in bad faith or solely for the purposeof delay, the court shall forthwith order the party employing them to payto the other party the amount of the reasonable expenses which the filingof the affidavits caused the party to incur, includingreasonable attorney fees, and any offending party orattorney may be adjudged guilty ofcontempt.
60-256.Summary judgment.(a) For claimant. A party seeking to recover upon a claim,counterclaim or cross-claim or to obtain a declaratory judgment may, atany time after the expiration of 20 days from the commencement ofthe action or after service of a motion for summary judgment by the adverseparty, move with or without supporting affidavits for a summary judgment inthe party's favor as to 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 issought may, at any time, move with or without supporting affidavits for asummary judgment in the party's favor as to all or any part thereof.
(c) Motion and proceeding thereon. The motion shall be served atleast 21 days before the time fixed for the hearing. Theadverseparty prior to the day of hearing may serve opposing affidavits. Thejudgment sought shall be rendered forthwith if the pleadings, depositions,answers to interrogatories and admissions on file, together with theaffidavits, if any, show that there is no genuine issue as to any materialfact and that the moving party is entitled to a judgment as a matter oflaw. A summary judgment, interlocutory in character, may be rendered on theissue of liability alone although there is a genuine issue as to the amountof damages.
(d) Case not fully adjudicated on motion. If on motion under thissection judgment is not rendered upon the whole case or for all the reliefasked and a trial is necessary, the court at the hearing of the motion, byexamining the pleadings and the evidence before it and by interrogatingcounsel, shall if practicable ascertain what material facts exist withoutsubstantial controversy and what material facts are actually and in goodfaith controverted. It shall thereupon make an order specifying the factsthat appear without substantial controversy, including the extent to whichthe amount of damages or other relief is not in controversy, and directingsuch further proceedings in the actions as are just. Upon the trial of theaction the facts so specified shall be deemed established, and the trialshall be conducted accordingly.
(e) Form of affidavits; further testimony; defense required. Supportingand opposingaffidavits shall be made on personal knowledge, shall set forth such factsas would be admissible in evidence and shall show affirmatively that theaffiant is competent to testify to the matters stated therein. Sworn orcertified copies of all papers or parts thereof referred to in an affidavitshall be attached thereto or served therewith. The court may permitaffidavits to be supplemented or opposed by depositions, answers tointerrogatories or furtheraffidavits. When a motion for summary judgment is made and supported asprovided in this section, an adverse party may not rest upon the mereallegations or denials of the adverse party's pleading, but the adverseparty's response, by affidavits or as otherwise provided in this section,must set forth specific facts showing that there is a genuine issue fortrial. If the adverse party does not so respond, summary judgment, ifappropriate, shall be entered against the adverse party.
(f) When affidavits are unavailable. Should it appear from theaffidavits of a party opposing the motion that the partycannot for reasonsstated present by affidavit facts essential to justifysuch party's opposition,the court may refuse the application for judgment or may order a continuance topermit affidavits to be obtained or depositions to be taken or discovery tobe had or may make such other order as is just.
(g) Affidavits made in bad faith. Should it appear to thesatisfaction of the court at any time that any of the affidavits presentedpursuant to this section are presented in bad faith or solely for the purposeof delay, the court shall forthwith order the party employing them to payto the other party the amount of the reasonable expenses which the filingof the affidavits caused the party to incur, includingreasonable attorney fees, and any offending party orattorney may be adjudged guilty ofcontempt.
