A motion for summary judgment is a tool for a party in litigation to use for winning and ending the lawsuit. When no facts are in dispute, there isn’t a need for a trial because the court can consider both sides’ positions based upon papers, affidavits and documents, and other items that are part of the evidentiary record. When no facts are in dispute and the evidentiary record supports the facts, the parties can appear before the court and argue about what the result should be based upon application of the undisputed facts to the controlling law. To reach this desired outcome, a party files a motion for summary judgment.
A motion for summary judgment must be supported by facts and evidence that would qualify as admissible in a trial. The affidavits would need to be sworn under penalty of perjury under personal knowledge. There have been times when people have said, “On knowledge and information I’m going to testify.” That is not good enough in a motion for summary judgment. The affidavits must be based on the personal knowledge of a witness; if a party neglects to submit a complete affidavit, they may lose. The court then might grant that the motion for summary judgment has been unopposed.
