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Motion for summary judgment is a decision by the court on the case summer airily meaning that a full trial is not necessary because there is no genuine issue of material fact essentially the moving party bears the difficult burden to show that all evidence is in favor of the moving party summary judgment is a decision by the court on the merits of the entire case whereas partial summary judgment in federal court or summary adjudication in California Superior Court is a decision by the court on a particular issue in the case pursuant to rule 56 of the Federal Rules of Civil Procedure a party made motion for summary judgment on the grounds that there is no genuine issue of material fact and only questions of law need to be decided therefore the moving party is entitled to judgment as a matter of law the proof that may be offered in support of the motion for summary judgment include affidavits and declarations which lay the foundation that the declaring is competent to testify at trial and state the supporting facts within the declaring personal knowledge in addition discovery conducted throughout the litigation may be provided in support of the motion for summary judgment including depositions and interrogatories the moving party bears the burden to establish that there is no factual dispute summary judgment may also be granted if the moving party can establish that the record shows that the other party cannot prove an essential element of the cause of action rule 6 of the Federal Rules of Civil Procedure generally requires that any motion including a motion for summary judgment must be served at least 14 days before the noticed hearing however most federal courts have local rules requiring longer notice for motions for summary judgment for example the local rules 6-1 for the Central District of California requires that a motion for summary judgment be served at least 28 days before the hearing date the opposition to the motion for summary judgment must then be filed and served at least 14 days before the hearing date in California Superior Court the motion for summary judgment or adjudication and all supporting documents must be filed 75 calendar days before the notice hearing date all relevant documents must be attached to the motion and a separate statement of facts must summarize all relevant factual points within those documents an opposition to the motion for summary judgment must be filed 14 calendar days before the hearing date and must also include a statement that responds to each of the material facts that the moving party contends are undisputed the opposing party has at least two months to prepare and conduct additional written discovery in depositions to use in the opposition federal court practice does not allow this luxury and all discovery and depositions in federal litigation should be conducted as soon as possible
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