(1) TO SURVIVE SUMMARY JUDGMENT, A NON-MOVING PARTY MUST COME FORWARD WITH COMPETENT EVIDENCE TO ESTABLISH A GENUINE ISSUE OF MATERIAL FACT.

By Nicole J. Benjamin on August 4, 2014

The Rhode Island Supreme Court’s decision in McGovern v. Bank of America, N.A., No. 2013-184-Appeal, serves as a useful reminder… Read More

(2) SUPREME COURT CAUTIONS LITIGANTS THAT UNAUTHENTICATED DOCUMENTS ARE NOT COMPETENT EVIDENCE WORTHY OF CONSIDERATION ON SUMMARY JUDGMENT.

By Nicole J. Benjamin on August 4, 2014

In McGovern v. Bank of America, N.A., No. 2013-184-Appeal, the Rhode Island Supreme Court also reminded litigants that it had… Read More

(3) SUPREME COURT RECOGNIZES THE REPLY-LETTER DOCTRINE FOR AUTHENTICATION PURPOSES.

By Nicole J. Benjamin on August 4, 2014

In addressing the plaintiff’s failure to authenticate the evidence submitted in connection with his opposition to the defendant’s motion for… Read More

(4) PARTY THAT MOVES FOR JUDGMENT ON PLEADINGS AND ATTACHES EVIDENCE OUTSIDE THE PLEADINGS IS ON NOTICE THAT MOTION MAY BE CONVERTED TO A MOTION FOR SUMMARY JUDGMENT.

By Nicole J. Benjamin on August 4, 2014

A Rule 12(c) motion for judgment on the pleadings “‘provides the trial court with the means of disposing of a… Read More

(5) DID YOU KNOW?

By Nicole J. Benjamin on August 4, 2014

While negligence cases are usually inappropriate for summary judgment, “a court may resolve the duty element without a trier of… Read More

On Appeal

The AP&S Appellate Law Blog

Tag: Summary Judgment

(1) TO SURVIVE SUMMARY JUDGMENT, A NON-MOVING PARTY MUST COME FORWARD WITH COMPETENT EVIDENCE TO ESTABLISH A GENUINE ISSUE OF MATERIAL FACT.

(2) SUPREME COURT CAUTIONS LITIGANTS THAT UNAUTHENTICATED DOCUMENTS ARE NOT COMPETENT EVIDENCE WORTHY OF CONSIDERATION ON SUMMARY JUDGMENT.

(3) SUPREME COURT RECOGNIZES THE REPLY-LETTER DOCTRINE FOR AUTHENTICATION PURPOSES.

(4) PARTY THAT MOVES FOR JUDGMENT ON PLEADINGS AND ATTACHES EVIDENCE OUTSIDE THE PLEADINGS IS ON NOTICE THAT MOTION MAY BE CONVERTED TO A MOTION FOR SUMMARY JUDGMENT.

(5) DID YOU KNOW?

On Appeal

The AP&S Appellate Law Blog

Tag: Summary Judgment

(1) TO SURVIVE SUMMARY JUDGMENT, A NON-MOVING PARTY MUST COME FORWARD WITH COMPETENT EVIDENCE TO ESTABLISH A GENUINE ISSUE OF MATERIAL FACT.

(2) SUPREME COURT CAUTIONS LITIGANTS THAT UNAUTHENTICATED DOCUMENTS ARE NOT COMPETENT EVIDENCE WORTHY OF CONSIDERATION ON SUMMARY JUDGMENT.

(3) SUPREME COURT RECOGNIZES THE REPLY-LETTER DOCTRINE FOR AUTHENTICATION PURPOSES.

(4) PARTY THAT MOVES FOR JUDGMENT ON PLEADINGS AND ATTACHES EVIDENCE OUTSIDE THE PLEADINGS IS ON NOTICE THAT MOTION MAY BE CONVERTED TO A MOTION FOR SUMMARY JUDGMENT.

(5) DID YOU KNOW?

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