Material Fact

Ask any experienced Utah litigator what separates winning summary judgment motions from losing ones, and the answer will often surprise newcomers: it is not the legal argument. It is the Statement of Undisputed Material Facts. The SUMF is the document…

When attorneys tell clients that a case will survive summary judgment because “the facts are disputed,” they are only half right. Under Utah Rule of Civil Procedure 56, not just any factual dispute defeats a motion for summary judgment. The…