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Rule 503.2. Summary Disposition (2013)

TEXT

(a) Motion. A party may file a sworn motion for summary disposition of all or part of a claim or defense without a trial. The motion must set out all supporting facts. All documents on which the motion relies must be attached. The motion must be granted if it shows that:
    (1) there are no genuinely disputed facts that would prevent a judgment in favor of the party;
    (2) there is no evidence of one or more essential elements of a defense which the defendant must prove to defeat the plaintiff's claim; or
    (3) there is no evidence of one or more essential elements of the plaintiff's claim.
(b) Response. The party opposing the motion may file a sworn written response to the motion.
(c) Hearing. The court must not consider a motion for summary disposition until it has been on file for at least 14 days. The judge may consider evidence offered by the parties at the hearing. By agreement of the parties, the judge may decide the motion and response without a hearing.
(d) Order. The judge may enter judgment as to the entire case or may specify the facts that are established and direct such further proceedings in the case as are just.

Added by order of April 15th, 2013, eff. Aug. 31, 2013.

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