24.5.329    SUMMARY JUDGMENT

(1) Pursuant to any deadlines set by the court under ARM 24.5.316(1), a party may move for a summary judgment in the party's favor upon all or any part of a claim or defense.

(a) The court may decline to consider individual summary judgment motions if it concludes that it may resolve the issues as expeditiously by trial as by motion. The court may decline to consider a summary judgment motion that does not comply with ARM 24.5.329 or other applicable rules.

(b) If upon the filing of a motion for summary judgment, the party against whom the motion is directed believes that summary judgment is inappropriate for the reasons set forth in (1)(a) above, that party shall immediately notify the court and arrange for a phone conference between the court and counsel. The court determines after the conference whether further briefing and proceedings are appropriate.

(2) Subject to the other provisions of this rule, the court renders summary judgment forthwith if the pleadings, depositions, answers to interrogatories, and responses to requests for production, together with the affidavits, if any, show that no genuine issue exists as to any material fact and that the moving party is entitled to a judgment as a matter of law.

(3) A party filing a motion under this rule shall set forth in its brief a statement of uncontroverted facts. The party shall set forth the specific facts upon which it relies in serial fashion and not in narrative form, and refer to a specific pleading, affidavit, or other document where it found each fact. The party shall authenticate all attached exhibits. If the movant and the party opposing the motion agree that no genuine issue of any material fact exists, they may jointly file a statement of stipulated facts with the court.

(4) A party opposing a motion filed under this rule shall set forth in its brief any specific issues of material fact that it believes preclude summary judgment in favor of the moving party. The party shall set forth the specific facts upon which it relies in serial fashion and not in narrative form, and refer to a specific pleading, affidavit, or other document where it found each fact. The court deems all properly supported facts asserted by the movant to be uncontroverted for the purposes of the summary judgment motion unless specifically and properly controverted by the opposing party. If the party opposing the motion includes additional facts in its brief, it shall set forth those facts in serial fashion and not in narrative form, and refer to a specific pleading, affidavit, or other document where it found each fact. The party shall authenticate all attached exhibits.

(5) If either party desires a hearing on the motion, the party shall make the request in writing within the time set forth in ARM 24.5.320. The court may thereupon set a time and place for hearing. If no party requests a hearing, the parties waive any right to a hearing given by these rules. The court may order a hearing on its own motion.

(6) If on motion under this rule the court does not render judgment upon the whole case or for all the relief requested and deems a trial necessary, the court may on its own motion ascertain what material facts exist without substantial controversy and what material facts are in good faith controverted. The court then makes an order specifying the facts that appear without substantial controversy and directs further proceedings in the action as are just. Upon the trial of the action, the court deems the facts so specified established and conducts the trial accordingly.

(7) A party shall make any supporting or opposing affidavits on personal knowledge, set forth facts as would be admissible in evidence, and show affirmatively that the affiant is competent to testify to these matters. The party shall attach to or serve with an affidavit sworn or certified copies of all papers or parts of papers to which the affidavit refers. The court may permit a party to supplement or oppose affidavits by depositions, answers to discovery, or further affidavits. If a party makes a motion for summary judgment and supports it as provided in this rule, an opposing party may not rest upon the mere allegations or denials of the opposing party's pleading, but shall, by affidavits or as otherwise provided in this rule, set forth specific facts showing that a genuine issue exists for trial. If the opposing party does not so respond, the court may enter summary judgment against the opposing party.

(8) If it appears from the affidavits of a party opposing the motion that the party cannot for reasons stated present by affidavit facts essential to justify the party's opposition, the court may refuse the application for judgment or may order a continuance to permit the party to obtain affidavits, take depositions, or have discovery, or the court may make another order as is just.

(9) If it appears to the satisfaction of the court that a party has presented any affidavits pursuant to this rule in bad faith or solely for the purpose of delay, the court orders the party employing them to pay to the other party the amount of the reasonable expenses that the filing of the affidavits caused the other party to incur, including reasonable attorney fees, and the court may adjudge the offending party or attorney guilty of contempt.

 

History: 2-4-201, MCA; IMP, 2-4-201, 39-71-2901, MCA; NEW, 1996 MAR p. 557, Eff. 2/23/96; AMD, 2014 MAR p. 2829, Eff. 3/1/15; AMD, 2018 MAR p. 305, Eff. 3/15/18.