Pleadings and Motions
Dispositive Motions
A dispute is genuine when the evidence would permit a reasonable jury to find for the non-movant, and material when the fact could affect the outcome under the governing law. Both conditions must be met to defeat summary judgment.
Conclusory assertions, speculation, and a scintilla of evidence do not create a genuine dispute.
Alternative Names:
Genuine Issue of Material Fact, Fact Dispute
Why it Matters?
This is the standard summary judgment briefing actually turns on, and most oppositions fail by identifying disputes that are real but immaterial. The disciplined approach for a movant is to isolate each element and show either that the evidence is one-sided or that the disagreement does not change the legal result. The sham affidavit rule is also important here, since a declaration contradicting prior sworn testimony generally cannot manufacture a dispute.
Frequently Confused with
Related terms
Frequently asked questions
What makes a fact material?
Can a late declaration create a fact dispute?
