Saturday, February 04, 2006

Motion for summary judgment must be supported by affidavits

Macris v. Neways, Inc., 2006 UT App 33

Macris appealed the denial of its motion to compel discovery and a grant of summary judgment against it. The court of appeals reversed the district court on both issues. It held that Macris’ interrogatories were relevant to its claim of attorneys fees. It also held that Neways could not file a summary judgment motion based on a lack of evidence to support Macris’ claim. The court followed the lead of the Utah Supreme Court in rejecting the federal interpretation of rule 56 in Celotex Corp. v. Catrett, 477 U.S. 317 (1986). Instead, it held that the moving party had attach its own affidavits to prove that the facts were undisputed.


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