RULE 56. SUMMARY JUDGMENT
(c) Motion and Proceedings Thereon. The motion and supporting papers must be served at least
14 34 days before the motion may be heard. The adverse party shall have 30 days after service of a brief within which to serve and file an answer brief and supporting papers. Judgment shall be rendered forthwith if the pleadings, depositions, answers to interrogatories, and admissions on file, together with the affidavits, if any, show that there is no genuine issue as to any material fact and that any party is entitled to a judgment as a matter of law. A summary judgment, interlocutory in character, may be rendered on the issue of liability alone although there is a genuine issue as to the amount of damages. Summary judgment, when appropriate, may be rendered against the moving party.
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Rule 56 was amended, effective March 1, 1990; March 1, 1996; March 1, 1997.
Under subdivision (e) a party resisting a motion for summary judgment has the responsibility to draw the court's attention to the page and line of a deposition or other document containing the competent admissible evidence raising a material factual issue, or from which the trier of fact may draw an inference creating a material factual issue. First National Bank v. Clark, 332 N.W.2d 264 (N.D. 1983).
SOURCES: Procedure Committee Minutes of April 25, 1996, pages 11-12; April 27-28, 1995, page 21; April 20, 1989, page 2; December 3, 1987, page 11; November 29, 1984, page 19; November 29-30, 1979, page 17; Rule 56, FRCivP.
SUPERSEDED: Section 28-0911, 28-1606, NDRC 1943.