What must a party do if a summary judgment motion is made against them?

What must a party do if a summary judgment motion is made against them?

• A. Submit a new motion in a different court.
• B. Enter a defense or appear to show there is a triable issue.
• C. Immediately pay the judgment awarded.
• D. Request a jury trial to contest the summary judgment.

Answer: (B)

When a summary judgment motion is made against a party, the appropriate response is to enter a defense or appear to demonstrate that there is a triable issue. This means the party must provide evidence or arguments that raise a question of fact that should be resolved by trial rather than simply being dismissed by a judge. The essence of summary judgment is that it is intended for cases where no substantial evidence exists to support one party's case, making a trial unnecessary. Therefore, to counter a motion for summary judgment, the defendant must make a convincing presentation that there are indeed factual disputes that warrant a full trial. In this context, submitting a new motion in a different court would not address the specific issue at hand and could be seen as an attempt to evade the process. Paying a judgment immediately would be inappropriate because the motion is still being contested. Finally, requesting a jury trial does not directly address the summary judgment motion itself, as the motion is focused on the lack of triable issues rather than a dispute that necessitates jury involvement at that stage.

When a summary judgment motion is made against a party, the appropriate response is to enter a defense or appear to demonstrate that there is a triable issue. This means the party must provide evidence or arguments that raise a question of fact that should be resolved by trial rather than simply being dismissed by a judge. The essence of summary judgment is that it is intended for cases where no substantial evidence exists to support one party's case, making a trial unnecessary. Therefore, to counter a motion for summary judgment, the defendant must make a convincing presentation that there are indeed factual disputes that warrant a full trial.

In this context, submitting a new motion in a different court would not address the specific issue at hand and could be seen as an attempt to evade the process. Paying a judgment immediately would be inappropriate because the motion is still being contested. Finally, requesting a jury trial does not directly address the summary judgment motion itself, as the motion is focused on the lack of triable issues rather than a dispute that necessitates jury involvement at that stage.