PRETRIAL ADJUDICATION
...Summary Judgment & Summary Adjudication
......Separate Statement
.........Required for Moving & Opposition Papers
4 Cards On This Topic:
  • Supporting papers include separate statement setting forth plainly and concisely all material facts moving party claims undisputed. Each material fact should reference supporting evidence.
  • Opposition papers shall include separate statement that responds to each of material facts claimed by moving party to be undisputed.
  • In ruling on SJ motion, trial court must consider all evidence submitted, except court may ignore evidence not disclosed in moving party's separate statement of undisputed facts.
  • Law and motion judge should rely only on facts listed in separate statement, but has discretion to rely on evidence not specified in separate statements.