The record includes depositions, documents, affidavits, admissions, and interrogatory answers. Rule 56(c) requires citation to particular parts of the record, and material must be capable of presentation in admissible form.
The court need consider only cited materials.
Alternative Names:
Rule 56 Record, Summary Judgment Evidence
Why it Matters?
The requirement that material be capable of admissible presentation, rather than presently admissible, is broader than parties assume, since a document that could be authenticated at trial may be considered even if not yet authenticated. The court's ability to limit review to cited materials is separately significant, because burying support in a large exhibit without a pinpoint citation risks it being overlooked entirely.
Frequently Confused with
Related terms
Frequently asked questions
Must evidence be admissible at the summary judgment stage?
Why do pinpoint citations matter?
