PRETRIAL ADJUDICATION
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Summary Judgment & Summary Adjudication
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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.