The Four Greatest Myths About Summary Judgment

90 Pages Posted: 5 Apr 2012 Last revised: 28 Jun 2014

See all articles by James J. Duane

James J. Duane

Regent University - School of Law

Date Written: February 29, 2012

Abstract

This article examines four recurring questions that have posed perennial problems for courts and commentators struggling with summary judgment practice in federal court: (1) Is hearsay admissible on a motion for summary judgment? (2) May a judge "weigh the evidence" when deciding a summary judgment motion? 3) What evidence, if any, must a judge "believe" when deciding a summary judgment motion? (4) When may a court strike or disregard a "sham" affidavit because it is inconsistent with the prior testimony of the same witness? The article examines the standard but mistaken answer that has been widely accepted for each of these questions, and also identifies the correct answer to each.

Keywords: summary judgment, hearsay, civil procedure, sham affidavit

Suggested Citation

Duane, James, The Four Greatest Myths About Summary Judgment (February 29, 2012). Washington and Lee Law Review, Vol. 52, No. 5, p.1523, 1996, Available at SSRN: https://ssrn.com/abstract=2013197

James Duane (Contact Author)

Regent University - School of Law ( email )

1000 Regent University Drive
Virginia Beach, VA 23464
United States

HOME PAGE: http://www.regent.edu/duane

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