N.C. Gen. Stat. § 1A-1

Rule 56 permits summary judgment when the record shows no genuine issue of material fact and a party is entitled to judgment as a matter of law.

Meyer v. McCARLEY AND COMPANY, INC. · filed 1975-06-26

Summary judgment is appropriate, upon motion therefor duly made, when “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.”

Rule 56 bars summary judgment when a genuine issue of fact remains.

Overton v. Boyce · filed 1975-08-06Rule 56

We find that the summary judgment was improvidently entered and erroneously disposed of a genuine issue of fact, i.e., the identity of the land.

Rule 56 permits summary judgment only when the record shows no genuine issue of material fact and the moving party is entitled to judgment as a matter of law.

Tripp v. Flaherty · filed 1975-10-15Rule 56

Summary judgment under G.S. 1A-1, Rule 56 may be rendered only “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.” However, there is no requirement in Rule 56 that the summary judgment, to be valid, must contain “the ritual statement that there is no genuine issue as to any material fact.”

Rule 56 permits summary judgment when no genuine issue of material fact exists and allows the judge to list uncontroverted material facts supporting the judgment without making findings of fact.

Rodgerson v. Davis · filed 1975-10-15

This is an exceptional case in that with incompatible claims both plaintiffs and defendants move for summary judgment, and yet there is no genuine issue of material fact which would make summary judgment inappropriate under G.S. 1A-1, Rule 56.

Rule 56 permits summary judgment when no genuine issue of material fact exists and a party is entitled to judgment as a matter of law.

Bogle v. Duke Power Co. · filed 1975-11-05Rule 56

Under G.S. 1A-1, Rule 56, summary judgment is proper where there exists no genuine issue as to any material fact and a party is entitled to judgment as a matter of law.

Rule 56(c) requires the judge to determine whether the record presents a genuine issue of material fact and whether a party is entitled to judgment as a matter of law, without acting as fact finder.

Billings v. Joseph Harris Co., Inc. · filed 1975-12-17Rule 56(c)

Under G.S. 1A-1, Rule 56(c) the trial judge does not sit as fact finder as is true under G.S. 1A-1, Rule 52. His function is to examine the materials, determine what facts are established, and conclude whether there is a genuine issue as to any material fact and if a party is entitled to judgment as a matter of law.

Rule 56(e) requires affidavits opposing summary judgment to state facts that would be admissible in evidence.

North Carolina National Bank v. Gillespie · filed 1976-01-07(e)

Affidavits filed in opposition to a motion for summary judgment “shall set forth such facts as would be admissible in evidence. ...” G.S. 1A-1, Rule 56(e).

Rule 56 permits summary judgment for a party bearing the burden of proof based on the party’s own affidavits when the opposing party fails to produce supporting materials, identify specific impeachment or contradiction, or use Rule 56(f), and summary judgment is otherwise appropriate.

Kidd v. Early · filed 1976-03-02(e), (f)

We hold that summary judgment may be granted for a party with the burden of proof on the basis of his own affidavits (1) when there are only latent doubts as to the affiant’s credibility; (2) when the opposing party has failed to introduce any materials supporting his opposition, failed to point to specific areas of impeachment and contradiction, and failed to utilize Rule 56(f) ; and (3) when summary judgment is otherwise appropriate.

Rule 56(a) allows a claimant to move for summary judgment thirty days after the action begins, while related rules govern extensions, answers, and affidavit form.

Alpine Village, Inc. v. Lomas & Nettleton Financial Corporation · filed 1975-11-05Rule 56(a), Rule 6(b), Rule 12(a)(1), Rule 56(e)

Since G.S. 1A-1, Rule 56(a) provides that claimant may file a motion for summary judgment at any time thirty days after the commencement of the action and G.S. 1A-1, Rule 6(b) provides that the time within which to file responsive pleadings may be extended for thirty days, summary judgment for claimant, under some circumstances, might be appropriate before the responsive pleading has been filed or even before the time to file responsive pleadings has expired. ... Since the defendant had not waived its right to file an answer and the defendant had even moved that the hearing on plaintiff’s motion for summary judgment be continued, and the trial court could not anticipate what defendant’s answer would be if it did in fact file an answer, summary judgment for plaintiff under the circumstances of this case was premature.

Rule 56(e) requires an opposing party to support a genuine issue for trial with affidavits or other specific evidentiary matter.

In the Matter of Will of Edgerton · filed 1976-04-07Rule 56(e)

“the opposing party may not rest upon the mere allegations of . . . pleading but must respond with affidavits or other evidentiary matter which sets forth specific facts showing that there is a genuine issue for trial.”

Rule 56 requires the court to decide whether a material issue exists, while placing on the moving party the burden of showing that no triable issue exists.

Furst v. Loftin · filed 1976-05-05Rule 56

At the outset we note that the trial court made extensive "findings of fact". We repeat again that in passing upon a motion for summary judgment pursuant to G.S. 1A-1, Rule 56, the court does not decide facts but makes a determination whether an issue exists which is germane to the cause of action. Kessing v. Mortgage Corp., 278 N.C. 523, 180 S.E.2d 823 (1971); Moore v. Bryson, 11 N.C.App. 260, 181 S.E.2d 113 (1971). If findings of fact are necessary to resolve an issue as to a material fact, summary judgment is improper.

Rule 56(e) requires a party opposing summary judgment to present specific facts showing a genuine issue for trial rather than rely on its pleadings.

Price v. Horn · filed 1976-07-07Rule 56(e)

Defendants failed to present any documentation or evidence in opposition to plaintiff’s motions. “ . . . [A]n adverse party may not rest upon the mere allegations or denials of his pleading, but his response, by affidavits or as otherwise provided in this rule, must set forth specific facts showing that there is a genuine issue for trial. If he does not so respond, summary judgment, if appropriate, shall be entered against him.” G.S. 1A-1, Rule 56(e) ; also see ... Our study of the record results in the conclusion that the entry of summary judgment for plaintiff was appropriate under all the circumstances of this case.

The Rules of Civil Procedure set the standard for summary judgment and require contributory negligence to be pleaded as an affirmative defense.

Haddock v. Smithson · filed 1976-07-21

Defendants are entitled to summary judgment if the pleadings, depositions, answers to interrogatories, and admissions on file, together with the affidavits, showed that there is no genuine issue as to any material fact and that they are entitled to judgment as a matter of law. G.S. 1A-1, Rule 56. Summary judgment is an extreme remedy and is appropriate only where no genuine issue of material fact is presented. ... In the first place, these defendants did not plead contributory negligence as required by G.S. 1A-1, Rule 8(c).

Rule 56(c) permits summary judgment when the record shows no genuine issue of material fact and a party is entitled to judgment as a matter of law.

Whitten v. Bob King's AMC/Jeep, Inc. · filed 1976-07-21Rule 56(c)

Summary judgment is appropriate “. . . 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.” G.S. 1A-1, Rule 56(c).

When a summary judgment motion is supported by competent evidence, unsupported allegations in the opposing party’s pleadings do not create a genuine issue of material fact.

Gudger v. Transitional Furniture, Inc. · filed 1976-08-04Rule 56(e)

Unsupported allegations in the pleadings are insufficient to create a genuine issue as to a material fact where the moving adverse party supports his motion by competent evidentiary matter showing the facts to be contrary to that alleged in the pleadings.

Rule 56(e) requires a party opposing summary judgment to set forth specific facts showing a genuine issue for trial; otherwise, appropriate summary judgment may be entered against the party.

Taylor v. City of Raleigh · filed 1976-09-01Rule 56(e)

However, “an adverse party [plaintiffs here] may not rest upon the mere allegations or denials of his pleading, but his response, by affidavits or as otherwise provided in this rule [Rule 56], must set forth specific facts showing that there is a genuine issue for trial. If he does not so respond, summary judgment, if appropriate, shall be entered against him.” Rule 56(e).

Rule 56 permits summary judgment when no genuine issue of material fact exists and a party is entitled to judgment as a matter of law, placing the burden on the moving party to establish the absence of a triable issue.

Executive Leasing Associates, Inc. v. Rowland · filed 1976-09-01

G.S. 1A-1, Rule 56 provides for a summary judgment if there is no genuine issue as to any material fact and if any party is entitled to judgment as a matter of law. Summary judgment is a drastic remedy, and its requirements must be carefully observed in order that no person be deprived of a trial on a genuinely disputed issue. The party moving for a summary judgment has the burden of establishing the lack of a triable issue of material fact by the record properly before the court.

Rule 56 permits summary judgment when no genuine issue of material fact exists and the moving party is entitled to judgment as a matter of law.

Gardner Homes, Inc. v. Gaither · filed 1976-10-06

We hold the evidence in the record discloses the nonexistence of a genuine issue of material fact, and the plaintiff is entitled to a rescission of the contract as a matter of law. G.S. 1A-1, Rule 56.

Rule 56 requires summary judgment motions to be supported by evidence and the opposing party to state specific facts showing a genuine issue for trial.

Cameron-Brown Capital Corp. v. Spencer · filed 1976-11-17Rule 56

The denial of a motion for summary judgment may not be based on the adverse party’s mere allegations or denials of his pleading. It must be supported by affidavits or as otherwise provided in G.S. 1A-1, Rule 56. The adverse party’s response must set forth specific facts showing that there is a genuine issue for trial.

Rule 56(c) permits summary judgment only when the record shows no genuine issue of material fact and a party is entitled to judgment as a matter of law.

Whitten v. Bob King's AMC/Jeep, Inc. · filed 1977-02-08(c)

The entry of summary judgment is appropriate only “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.” G.S. 1A-1, Rule 56(c).

Rule 56(c) permits summary judgment on liability alone when no genuine issue of material fact exists as to liability, even if the amount remains disputed.

Wachovia Realty Investments v. Housing, Inc. · filed 1977-03-07Rule 56(c)

G.S. 1A-1, Rule 56(c), provides with reference to the granting of a motion for summary judgment: ... There being no genuine issue of any material fact with reference to the claim of Housing, Inc., that it has been released from all liability upon the note by (1) a novation, (2) an extension of time granted for the payment of the note, or (3) a release of the encumbered property from the lien of the deed of trust, and it appearing, as a matter of law, from the uncon-troverted facts, that no such release occurred, it was not error for the Superior Court to deny the motion of Housing, Inc., for summary judgment, nor was it error to grant summary judgment that Housing, Inc., is liable upon the note for the unpaid balance thereof, if any, after all proper credits have been allowed. It was error to grant summary judgment in favor of the plaintiff for a specified amount, the amount of the credit upon the note to which Housing, Inc., is entitled, by reason of the plaintiff’s having purchased the property at the foreclosure sale for less than its then fair value, being at issue.

Rule 56 permits summary judgment when there is no genuine issue of material fact and a party is entitled to judgment as a matter of law.

Mecklenburg County v. Westbery · filed 1977-04-06Rule 56

G.S. 1A-1, Rule 56 permits a summary judgment upon a showing of two conditions: (1) that there is no genuine issue as to any material fact, and (2) that one party is entitled to a judgment as a matter of law.

Rule 56 bars a court deciding a summary judgment motion from resolving disputed material facts and limits it to determining whether a genuine factual issue exists.

Reid v. Reid · filed 1977-04-06Rule 56

We repeat again what we have said on numerous occasions, that, in passing upon a motion for summary judgment pursuant to G.S. 1A-1, Rule 56, it is not the purpose of the court to resolve disputed material issues of fact.

Rule 56(e) permits unpleaded defenses raised by evidence to be considered when resolving a motion for summary judgment, although formal amendment of the pleadings is preferred.

North Carolina National Bank v. Gillespie · filed 1976-12-07Rule 56(e)

We hold that unpleaded defenses, when raised by the evidence, should be considered in resolving a motion for summary judgment.

Rule 56 requires the court on summary judgment to determine whether a germane issue exists rather than decide facts.

Nytco Leasing, Inc. v. Dan-Cleve Corp. · filed 1976-12-15Rule 56

We repeat again what we have said many times, that, in passing upon a motion for summary judgument pursuant to G.S. 1A-1, Rule 56, the court does not decide facts but makes a determination whether an issue which is germane to the action exists.

Rule 56(c) permits the summary judgment movant to use pleadings and affidavits showing no genuine issue of material fact, while Rule 56(e) requires the nonmovant to set out specific facts showing a genuine issue for trial.

North Carolina State Board of Registration for Professional Engineers & Land Surveyors v. International Business Machine · filed 1976-12-15Rule 56(c), (e)

The party moving for summary judgment may offer pleadings and affidavits, setting forth facts that would be admissible in evidence to show that there is no genuine issue as to any material fact and that the movant is entitled to a judgment as a matter of law. G.S. 1A-1, Rule 56(c). The non-movant may not rest upon the bare allegations of his pleadings, but must set forth specific facts showing that there is a genuine issue for trial. If he fails to do so, a summary judgment, if otherwise appropriate, shall be rendered against him. G.S. 1A-1, Rule 56(e).

Rule 56(e) requires a nonmoving party to produce evidence supporting its opposition when the moving party supports summary judgment with evidence contradicting the pleadings.

Wachovia Bank & Trust Co. v. Peace Broadcasting Corp. · filed 1977-04-06(e)

Section (e) of Rule 56 clearly states that unsupported allegations in the pleadings of a non-moving party are insufficient to create a genuine issue of fact where the moving adverse party supports its own motion for summary judgment with allowable evidentiary matter showing the facts to be contrary to those alleged by the non-moving party’s pleadings.

Rule 56(c) permits summary judgment only when there is no genuine issue of material fact and the moving party is entitled to judgment as a matter of law.

Harris v. Carter · filed 1977-05-04(c)

Summary judgment is proper only when the moving party has shown that there is no genuine issue as to any material fact and such party is entitled to judgment as a matter of law. G.S. 1A-1, Rule 56(c).

Rule 56(c) permits summary judgment when material facts are undisputed and only a question of law remains.

Mason v. Andersen · filed 1977-07-06Rule 56(c)

The indisputable facts raise a question of law in the case at bar, i.e., whether the deed conveys an easement. Since there are no disputes as to material facts summary judgment is the proper procedure to reach final judgment.

A judge may vacate an order denying summary judgment; if nothing pertinent to the motion has been filed since that order, new notice is unnecessary.

Miller v. Miller · filed 1977-10-05Rule 56

An order denying summary judgment is not res judicata and a judge is clearly within his rights in vacating such denial. Where nothing pertinent to the motion has been filed subsequent to the previous order, it is even not necessary to issue new notice.

Rule 56(c) permits summary judgment when the record shows no genuine issue of material fact and a party is entitled to judgment as a matter of law.

Cities Serv. Oil Co. v. HOWELL OIL CO., INC. · filed 1977-10-19(c)

Summary judgment is appropriate under G.S. 1A-1, Rule 56(c) “. . .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.”

Rule 56 permits summary judgment when no genuine issue of material fact is presented concerning the claim.

Jernigan v. Stokley · filed 1977-11-02Rule 56

There was no genuine issue of material fact presented as contemplated by G.S. 1A-1, Rule 56, concerning the right of the heirs of said decedent to claim his one-half interest in property which he had held as a tenant in common with his former wife, defendant Mary Stokley.

Rule 56 permits summary judgment only when no genuine issue of material fact exists and the moving party is entitled to judgment as a matter of law.

Robinson v. City of Winston-Salem · filed 1977-11-16Rule 56

Applying the rule which we have adopted to the facts shown on the present record, we first note that the trial court’s ruling granting summary judgment in favor of the defendants can be sustained only if the record, viewed in the light most favorable to the plaintiff as the party opposing the motion, discloses no genuine issue as to any material fact and that defendants are entitled to judgment as a matter of law. G.S. 1A-1, Rule 56; Page v. Sloan, 281 N.C. 697, 190 S.E. 2d 189 (1972); Kessing v. Mortgage Corp., 278 N.C. 523, 180 S.E. 2d 823 (1971).

Rule 56 allows summary judgment when no genuine issue of material fact exists.

Mitchell v. Republic Bank & Trust Co. · filed 1978-01-17

Summary judgment, of course, is appropriate when there is no genuine issue as to any material fact in the claim for relief. G.S. 1A-1, Rule 56.

Rule 56(c) allows summary judgment when the record shows no genuine issue of material fact and any party is entitled to judgment as a matter of law, even without a motion by the party receiving judgment.

Greenway v. NORTH CAROLINA FARM BUR. MUT. INS. · filed 1978-02-21(c)

G.S. 1A-1, Rule 56(c) does not require that a party move for summary judgment in order to be entitled to it. ". . . The judgment sought 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. . . ." [Emphasis added.] Thus, when appropriate, summary judgment may be rendered against the moving party. The fact that defendant-insurer's motion was not made within the time limit is therefore immaterial; it need not have been made at all.

Rule 56(b) requires a summary judgment movant to show that no genuine issue of material fact exists and that it is entitled to judgment as a matter of law.

Forte v. Dillard Paper Co. of Raleigh, Inc. · filed 1978-02-21Rule 56(b)

Summary judgment is a drastic remedy, and there must be a cautious observance of its requirements to assure that no party is deprived of a trial when there are genuine issues of material fact. The defendants have failed to establish as a matter of law that they were entitled to summary judgment.

Rule 56(c) allows summary judgment for a party entitled to judgment as a matter of law even if that party did not move for it.

Greenway v. North Carolina Farm Bureau Mutual Insurance · filed 1978-02-21(c)

G.S. 1A-1, Rule 56(c) does not require that a party move for summary judgment in order to be entitled to it.

Rule 56(c) requires the summary judgment movant to offer evidence showing that no genuine issue of material fact exists and that the party is entitled to judgment as a matter of law.

North Carolina National Bank v. Evans · filed 1978-02-21(c)

A motion for summary judgment pursuant to Rule 56 carries with it the burden of offering evidence sufficient to “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.” G.S. 1A-1, Rule 56(c).

Rule 56 permits summary judgment only when no genuine issue of material fact exists.

Emanuel v. Colonial Life & Accident Insurance · filed 1978-03-07

Since the enactment of our statute on summary judgment, G.S. 1A-1, Rule 56, our courts have stated many times that summary judgment is an extreme remedy and is appropriate only where no genuine issue of material fact is presented.

Rule 56 permits summary judgment when there is no genuine issue of material fact.

L. M. Brinkley & Associates v. Integon Life Insurance · filed 1978-04-04Rule 56

The sole issue for our consideration is whether there was a genuine issue of material fact which would render summary judgment inappropriate. G.S. 1A-1, Rule 56. ... There being no genuine issue of material fact, the trial court properly granted defendant’s motion for summary judgment.

Rule 56 permits summary judgment when no genuine issue of material fact exists and a party is entitled to judgment as a matter of law.

Williams v. Carolina Power & Light Co. · filed 1978-04-18

Under G.S. 1A-1, Rule 56, summary judgment is proper where there is no genuine issue as to any material fact and a party is entitled to judgment as a matter of law.

Rule 56(c) permits summary judgment only when there is no genuine issue of material fact and a party is entitled to judgment as a matter of law.

Lovin v. Crisp · filed 1978-05-02Rule 56(c)

Thus, the two requirements for summary judgment are that ... there be no genuine issue as to any material fact and that one of the parties be entitled to judgment as a matter of law. ... When the deed and easement are so construed, the pleadings, affidavits and other materials filed by the parties raise genuine and substantial issues as to material facts relating to the plaintiffs’ allegations of trespass.

Rule 52(a) requires findings of fact and separate conclusions of law in actions tried on the facts, but does not apply to summary judgment motions.

Garrison v. Blakeney · filed 1978-07-11(a)

Obviously the first section of the Rule has no applicability, since, by its expressed terms, it is concerned with actions tried upon the facts. A motion for summary judgment is not an action tried upon the facts since this motion can only lie where there is no necessity for trying the action upon the facts.

Rule 56(c) permits summary judgment when the pleadings and affidavits show no genuine issue of material fact and a party is entitled to judgment as a matter of law, while Rule 56(e) requires the opposing party to set out specific facts showing a genuine issue.

Carson v. Sutton · filed 1978-04-04Rule 56(c), Rule 56(e)

[w]hen a motion for summary judgment is made and supported as provided in this rule, an adverse party may not rest upon the mere allegations or denials of his pleading, but his response, by affidavits or as otherwise provided in this rule, must set forth specific facts showing that there is a genuine issue for trial. If he does not so respond, summary judgment, if appropriate, shall be entered against him.

Rule 56 sets the evidence and response requirements for summary judgment and permits judgment when no genuine issue of material fact exists.

Old Southern Life Insurance v. Bank of North Carolina, N.A. · filed 1978-04-18Rule 56(a), (c), (e), and (f)

Rule 56(e) requires that affidavits set forth facts which would be admissible in evidence. Under the parol evidence rule, statements which contradict, add to, take from or in any way vary the express terms of a written instrument are not admissible in evidence. ... As a result, the assertion in defendant’s (Cooey’s) affidavit that the All States’ CD was security for Ill’s loan is incompetent as it adds to or varies the terms of the promissory note and the CD. Since plaintiff presented evidence showing that the CD was to fulfill Alabama statutory requirements, not as security on Ill’s loan, and defendant failed to offer competent rebuttal evidence as required by Rule 56(e), no genuine issue of fact was raised as to whether All States’ CD deposit was security for the III loan.

Rule 56(d) permits partial summary judgment in appropriate circumstances.

Beck v. American Bankers Life Assurance Co. of Florida · filed 1978-05-02Rule 56(d)

G.S. 1A-1, Rule 56(d) allows the trial court to grant a partial summary judgment in appropriate circumstances.

Rule 56(c) permits summary judgment when the record shows no genuine issue of material fact and a party is entitled to judgment as a matter of law.

Stoltz v. FORSYTH CTY. HOSPITAL AUTH., INC. · filed 1978-09-19(c)

Summary judgment is properly rendered 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." G.S. 1A-1, Rule 56(c).

Rule 56(c) permits summary judgment when no genuine issue of material fact exists and a party is entitled to judgment as a matter of law.

Stoltz v. Forsyth County Hospital Authority, Inc. · filed 1978-09-19Rule 56(c)

Summary judgment is properly rendered 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.” G.S. 1A-1, Rule 56(c).

Rule 56(c) requires summary judgment when the record shows no genuine issue of material fact and a party is entitled to judgment as a matter of law.

Liles v. Myers · filed 1978-11-07(c)

Summary judgment is to be entered if, but only 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 judgment as a matter of law.” G.S. 1A-1, Rule 56(c).

Rule 52 does not require trial courts to make findings of fact when granting summary judgment.

Marshall v. Keaveny · filed 1978-11-21

Trial courts are not required to make findings of fact when granting motions for summary judgment. It is not a part of the function of the court on a motion for summary judgment to make findings of fact and conclusions of law.

Rule 56(f) requires a party seeking more discovery before summary judgment to show by affidavit why it cannot present facts essential to oppose the motion.

City of Thomasville v. Lease-Martin Afex, Inc. · filed 1978-11-21(f)

Moreover, it should be noted that plaintiff did not seek to invoke Rule 56(f) by showing by affidavit reasons why he could not at that time present facts essential to justify his opposition to the motion for summary judgment.

When a court considers matter outside the pleadings on a Rule 12(b)(6) motion, Rule 56 governs the motion's treatment and disposition.

Fowler v. Williamson · filed 1979-02-20Rule 56

Where extraneous matter is received and considered on a Rule 12(b)(6) motion to dismiss, the motion should then be treated as a motion for summary judgment and disposed of in the manner and on the conditions stated in G.S. 1A-1, Rule 56.

Rule 56 requires summary judgment when no genuine issue of material fact exists and the moving party is entitled to judgment as a matter of law.

North Carolina National Bank v. Evans · filed 1979-01-04Rule 56(e), (f)

“In ruling on a motion for summary judgment, the Court does not resolve issues of fact but goes beyond the pleadings to determine whether there is a genuine issue of material fact. ... G.S. 1A-1, Rule 56(e), Rule 56(f) [other citations omitted].”

Rule 56(c) bars summary judgment when a genuine issue of material fact exists; a dispute is immaterial when the governing agreement makes its resolution unnecessary.

Love v. BACHE & CO., INC. · filed 1979-04-03Rule 56(c)

Summary judgment must not be granted if there exists a genuine issue of material fact. G.S. 1A-1, Rule 56(c). ... Plaintiff’s argument that her consent to renewals or extensions of guaranteed Speedways obligations was required at the time of the extension or renewal is negatived by the terms of the Guaranty itself. Thus the issue of whether she actually gave such consent is immaterial.

Rule 56(c) requires no genuine issue of material fact and entitlement to judgment as a matter of law for summary judgment.

Strickland v. Tant · filed 1979-06-05Rule 56(c)

In order for a party to be entitled to summary judgment, two things must be shown: (1) that there exists no genuine issue as to any material fact, and (2) that any party is entitled to judgment as a matter of law.

Rule 56 requires the court to determine that there is no genuine issue of material fact and that the movant is entitled to judgment as a matter of law.

Willis v. Duke Power Co. · filed 1979-08-21Rule 56

In determining whether a movant is entitled to summary judgment under G.S. 1A-1, Rule 56, we must first determine whether there is no genuine issue of material fact and then whether movant is entitled to judgment as a matter of law.

Rule 56 permits summary judgment only when no genuine issue of material fact exists and the movant is entitled to judgment as a matter of law.

Williams v. Congdon · filed 1979-09-18Rule 56

Summary judgment is appropriate only where there is no genuine issue as to any material fact, and the movant is entitled to judgment as a matter of law.

Rule 56(c) permits summary judgment only when the moving party shows that no triable issue of fact exists and it is entitled to judgment as a matter of law.

Taylor v. Lutz-Yelton Heating & Air Conditioning Corp. · filed 1979-10-02Rule 56(c)

Only when the papers supporting the movant demonstrate beyond doubt that no triable issue of fact exists, and that the movant is entitled to judgment as a matter of law, will summary judgment be the appropriate remedy.

Rule 56 bars summary judgment when an affidavit creates a genuine issue of material fact supporting reformation for mutual mistake.

Cameron v. Cameron · filed 1979-10-16Rule 56

The question raised by this appeal is whether this contention of the defendant presents a genuine issue of material fact. G.S. 1A-1, Rule 56; Executive Leasing Associates v. Rowland, 30 N.C. App. 590, 227 S.E. 2d 642 (1976). ... This is enough to support a claim for reformation for mutual mistake. ... We hold it was error for the court to enter a summary judgment for plaintiff.

Rule 56(c) allows summary judgment only when no genuine issue of material fact exists.

Letchworth v. Town of Ayden · filed 1979-11-20Rule 56(c)

Only when there exists no genuine issue as to a material fact should a motion for summary judgment be allowed. G.S. 1A-1, Rule 56(c).

Rule 56(c) permits summary judgment when no genuine issue of material fact exists and the movant is entitled to judgment as a matter of law; a defendant moving for summary judgment bears the burden of producing evidence that negates the plaintiff’s claim.

Clodfelter v. Bates · filed 1979-12-04Rule 56(c)

Summary judgment is proper 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 judgment as a matter of law. G.S. 1A-1, Rule 56(c). If a defendant moves for summary judgment, he assumes the burden of producing evidence of the necessary certitude which negatives plaintiff’s claim.

Rule 56 permits summary judgment only when no genuine issue of material fact remains and the movant is entitled to judgment as a matter of law.

Smith v. Taylor · filed 1979-12-18Rule 56

Plaintiffs’ motion for summary judgment was properly allowed only if the record at that stage of the proceeding disclosed that there were no genuine issues as to any material facts and that, on those facts, plaintiffs were entitled to judgment as a matter of law. G.S. 1A-1, Rule 56.

To obtain summary judgment on a fraud claim, each defendant must show that the plaintiffs lack evidence of at least one element of fraud.

Johnson v. Phoenix Mutual Life Insurance · filed 1979-12-18Rule 56(c)

In order for each defendant to prevail on its Rule 56 motion each must show that evidence of one or more of the above elements of fraud is unavailable to the plaintiffs.

Rule 56(c) permits summary judgment only when there is no genuine issue of material fact and a party is entitled to judgment as a matter of law.

Joyner v. Lucas · filed 1979-08-07Rule 56(c)

Therefore, in our consideration of this matter, we must remain cognizant of the fundamental proposition that a motion for summary judgment properly is granted only when there are no genuine issues of material fact and a party is entitled to judgment as a matter of law.

Rule 56(c) permits summary judgment when no genuine issue of material fact exists and a party is entitled to judgment as a matter of law.

Reed's Jewelers, Inc. v. Adt Co. · filed 1979-11-20Rule 56(c)

G.S. 1A-1, Rule 56(c), of the Rules of Civil Procedure provides that summary judgment shall be entered “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.” ... We hold the summary judgment entered by the trial court was proper in all respects.

Rule 56(c) requires a summary judgment movant to show no genuine issue of material fact; when supporting affidavits are absent from the record, the court considers only the pleadings.

Lowe v. Murchison · filed 1980-01-08Rule 56(c)

The test on a motion for summary judgment is whether there exists any genuine issue of material fact. G.S. 1A-1, Rule 56(c). Defendants here moved for summary judgment, and it appears from the face of their motion and the court’s order granting summary judgment that affidavits were presented and considered in support of the motion. The content of these affidavits does not appear in the record, however. As a result, we can consider only the pleadings in determining whether defendant met his burden of showing that no genuine issue of material fact exists.

Under Rule 56(c), when the movant forecasts evidence that would require a directed verdict, the opposing party must forecast evidence that would prevent one to avoid summary judgment.

Buck v. Tweetsie Railroad, Inc. · filed 1980-01-15Rule 56(c)

Our Supreme Court has interpreted this section in Moore v. Fieldcrest Mills, Inc., 296 N.C. 467, 251 S.E. 2d 419 (1979) to mean that if the moving party forecasts such evidence as would require a directed verdict for the movant at trial, the party opposing the motion must file papers which forecast evidence which would prevent a directed verdict at trial in order to prevent summary judgment in favor of the movant. Using this test, we must determine if the evidence as forecast by the papers filed in this case would require directed verdicts for the defendants.

Rule 56(c) permits summary judgment when the record shows no genuine issue of material fact and a party is entitled to judgment as a matter of law.

Wells v. North Carolina National Bank · filed 1980-01-15Rule 56(c)

Rendition of summary judgment is proper “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.” G.S. 1A-1, Rule 56(c).

Rule 56(c) permits summary judgment only when the record shows no genuine issue of material fact and the moving party is entitled to judgment as a matter of law.

Thompson v. Northwestern Security Life Insurance · filed 1980-02-05Rule 56(c)

Summary judgment is proper only if the verified pleadings, depositions and affidavits properly before the court show that no genuine issue as to any material fact exists and that defendant is entitled to judgment as a matter of law.

Rule 56(e) requires a party opposing summary judgment to present specific facts showing an issue for trial rather than rely on the pleadings.

Cockerham v. Ward · filed 1980-02-05Rule 56(e)

To rebut his opponent’s claim that there is no genuine issue of material fact presented, plaintiff may not rest on the allegations of his pleadings, but must, by affidavits or otherwise, set forth specific facts demonstrating that there is an issue for trial.

Rule 56(c) permits summary judgment only when there is no genuine issue of material fact and a party is entitled to judgment as a matter of law.

Econo-Travel Motor Hotel Corp. v. Taylor · filed 1980-02-19Rule 56(c)

A court may grant a motion for summary judgment only “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.”

Rule 56 permits summary judgment when no genuine issue of material fact exists and the moving party is entitled to judgment as a matter of law.

Brown v. Duke Power Co. · filed 1980-03-04Rule 56

In order for defendant to prevail on motion for summary judgment under G.S. 1A-1, Rule 56, it must be clear from the materials presented that there is no genuine issue as to any material fact and that defendant is entitled to a judgment as a matter of law.

Under Rule 56, a defendant’s failure to answer does not conclusively admit the complaint’s allegations or prevent the defendant from opposing summary judgment with affidavits or testimony.

Bell v. Martin · filed 1980-04-01Rule 56

We hold therefore, that for purposes of summary judgment, a defendant’s failure to file answer does not constitute a conclusive admission of the allegations in a plaintiff’s complaint so as to preclude such defendant from offering affidavits or testimony in opposition to the motion.

Rule 56(c) calls for summary judgment when no genuine issue of material fact remains and a party is entitled to judgment as a matter of law.

DeCarlo v. Gerryco, Inc. · filed 1980-04-01Rule 56(c)

We agree with the judge and the parties in the present case that the uncontradicted evidence of record discloses there are no genuine issues of fact to be tried. Thus, the only question before us, as before the trial judge, is which party is entitled to judgment as a matter of law. The trial court concluded that the plaintiff was entitled to judgment as a matter of law. We disagree and hold that summary judgment should have been entered for the defendant.

Rule 56(a) permits summary judgment before the opposing party files a responsive pleading.

Kavanau Real Estate Trust v. Debnam · filed 1980-03-05Rule 56(a)

Second, defendants complain that the Court of Appeals erred in holding that G.S. 1A-1, Rule 56(a) allows summary judgment to be entered for plaintiff before defendants have filed a responsive pleading. We have carefully reviewed the briefs, authorities and the Court of Appeals’ opinion on this issue and find its reasoning and legal principle to be correct and well stated in all respects.

Rule 56 requires a summary judgment movant to show both that no genuine issue of material fact exists and that the substantive law entitles the movant to judgment.

Johnson v. Phoenix Mutual Life Insurance · filed 1980-06-03Rule 56

The examination of the propriety of its entry must not conclude with the determination that there are no genuine issues of material fact. The very terms of Rule 56 require that it also be established that the movant be entitled to judgment as a matter of law.

Rule 56(c) permits summary judgment when no genuine issue of material fact exists.

McCraney v. Flanagan · filed 1980-07-01Rule 56(c)

We find, however, that no genuine issue of material fact exists, see G.S. 1A-1, Rule 56(c), and that summary judgment for defendant was proper.

Rule 56(c) permits summary judgment only when no genuine issue of material fact exists and a party is entitled to judgment as a matter of law.

Ellis v. Smith-Broadhurst, Inc. · filed 1980-08-05Rule 56(c)

Summary judgment is proper only when there is no genuine issue as to any material fact and a party is entitled to summary judgment as a matter of law. G.S. 1A-1, Rule 56(c).

Rule 56(c) permits summary judgment when there is no genuine issue of material fact and a party is entitled to judgment as a matter of law.

Piedmont Consultants of Statesville, Inc. v. Baba · filed 1980-08-05Rule 56(c)

When we consider the rules relatingto summary judgments and the rules relating to payment of a broker’s commission, we are compelled to hold that summary judgment was proper for plaintiff. We do not find any issue of material fact to be tried.

Rule 56(a) permits consideration of a summary judgment motion before the opposing party files an answer when that party has had an opportunity to rebut the movant’s showing.

City of Elizabeth City v. LFM Enterprises, Inc. · filed 1980-08-19Rule 56(a)

Defendants obviously had knowledge of the facts and circumstances underlying the dispute and after almost a six-month interval did nothing to rebut plaintiffs facts. We hold that under these circumstances, defendants were not entitled to delay consideration of the summary judgment motion until they filed an answer and that summary judgment was not entered prematurely.

A party who bears the burden of proof may obtain summary judgment on its own affidavits only when credibility doubts are merely latent, the opponent offers no contrary materials or specific grounds for impeachment and does not use Rule 56(f), and summary judgment is otherwise appropriate.

Brooks v. Mount Airy Rainbow Farms Center, Inc. · filed 1980-09-16Rule 56(c)

Summary judgment may be granted in favor of a party with the burden of proof, on the basis of his own affidavits (1) when there are only latent doubts as to the affiant’s credibility; (2) where the opposing party has failed to introduce any materials in his favor, failed to point to specific areas of impeachment and contradiction, and failed to use G.S. § 1A-1, Rule 56(f); and (3) when summary judgment is otherwise appropriate.

Rule 56 permits summary judgment when no genuine dispute of material fact exists and the remaining issue is one of law.

Allstate Insurance Co. v. Old Republic Insurance Co. · filed 1980-10-07Rule 56

Summary judgment is a proper procedure for deciding matters of law when no material issue of fact exists. G.S. 1A-1, Rule 56. There was no genuine dispute concerning the material facts in this case.

Rule 56(c) permits summary judgment when the record shows no genuine issue of material fact and a party is entitled to judgment as a matter of law.

Gregory v. Perdue, Inc. · filed 1980-07-15Rule 56(c)

On motion for summary judgment, the question before the court is whether 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 a party is entitled to judgment as a matter of law.

The Rules of Civil Procedure apply the ordinary summary judgment standards to declaratory judgment actions.

North Carolina Life & Accident & Health Insurance Guaranty Ass'n v. Underwriters National Assurance Co. · filed 1980-09-02Rule 56(a) and (b); Rule 57

The propriety of a summary judgment in such action is governed by the same rules applicable to other actions, G.S. 1A-1, Rule 56(a) and (b) and 57. Here, there is no substantial controversy as to the facts disclosed by the evidence and the legal significance of those facts presents the questions in dispute.

Rule 56 permits summary judgment when there is no genuine issue of material fact and a party is entitled to judgment as a matter of law, including when the defendant establishes a complete defense.

Oakley v. Little · filed 1980-12-02Rule 56

Under G.S. 1A-1, Rule 56, summary judgment shall be rendered if the trial court determines from a consideration of the pleadings, depositions, and affidavits that there is no genuine issue as to any material fact and that any party is entitled to judgment as a matter of law. Summary judgment allows quick and final disposition of claims where there is no real question as to whether plaintiff should recover, or where the defendant has established a complete defense. ... For these reasons we find that there was no genuine issue of any material fact. Defendant amply demonstrated a complete defense of the statute of frauds. The trial court was correct in rendering its judgment as a matter of law.

Rule 56 requires summary judgment when the record shows no genuine issue of material fact and a party is entitled to judgment as a matter of law.

Chears v. Robert A. Young & Associates, Inc. · filed 1980-12-02

G.S. 1A-1, Rule 56, requires that a motion for summary judgment be rendered when the pleadings, affidavits, depositions, interrogatories and admissions show that there is no genuine issue as to any material fact and that a party is entitled to judgment as a matter of law.

A party opposing summary judgment must submit affidavits or other materials rather than rely solely on its pleadings.

United Virginia Bank/Citizens & Marine v. Woronoff · filed 1980-12-16Rule 56(e)

Defendants rely solely on their pleadings to oppose plaintiff’s motion for summary judgment, and did not file any affidavits or other materials as required by G.S. § 1A-1, Rule 56(e).

Rule 56 does not allow a party to avoid summary judgment with only a general denial.

American Foods, Inc. v. Goodson Farms, Inc. · filed 1981-02-17Rule 56

Defendants have merely made a general denial in their complaint. Such denial, standing alone, is clearly insufficient to avoid entry of summary judgment under G.S. 1A-1, Rule 56.

Rule 56(c) permits summary judgment when the record shows no genuine issue of material fact and a party is entitled to judgment as a matter of law.

Tucker v. GENERAL TEL. CO. OF SOUTHEAST · filed 1980-12-16Rule 56(c)

On motion for summary judgment, the question before the court is whether 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 a party is entitled to judgment as a matter of law.

Rule 56(c) permits summary judgment when the record shows no genuine issue of material fact and a party is entitled to judgment as a matter of law.

Jerome v. Great American Insurance Co. · filed 1981-06-16Rule 56(c)

We hold the record before us discloses no genuine issue of material fact and that the trial judge properly entered summary judgment in favor of plaintiffs.

Rule 56(c) permits summary judgment when no genuine issue of material fact exists and the moving party is entitled to judgment as a matter of law.

Gore v. Hill · filed 1981-06-16Rule 56(c)

Upon a motion for summary judgment, the duty of the trial court is not to resolve issues of fact but to determine whether there is a genuine issue of material fact which should be tried by the jury. ... The moving party must then make it clear that he is entitled to judgment as a matter of law.

Rule 56(c) permits summary judgment when the pleadings and affidavits show no genuine issue of material fact and the moving party is entitled to judgment as a matter of law.

Faught v. Branch Banking & Trust Co. · filed 1981-07-07Rule 56(c)

As the pleadings and affidavits before the trial court showed that there was no genuine issue as to any material fact and that the defendant was entitled to a judgment as a matter of law, the trial court correctly granted defendant’s motion for summary judgment.

Rule 56(c) permits summary judgment when the record shows no genuine issue of material fact and the movant is entitled to judgment as a matter of law.

Tyson v. North Carolina National Bank · filed 1981-07-21Rule 56(c)

In general, summary judgment is appropriate where the pleadings, depositions, answers to interrogatories and admissions on file, together with affidavits, if any, show that there is no genuine issue as to any material fact, and the movant is entitled to judgment as a matter of law.

Rule 56(c) permits summary judgment when there is no genuine issue of material fact and a party is entitled to judgment as a matter of law.

Gillespie v. DeWitt · filed 1981-08-04Rule 56(c)

G.S. 1A-1, Rule 56(c) specifies that summary judgment should be granted “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.”

Rule 56(c) permits summary judgment only when there is no genuine issue of material fact and a party is entitled to judgment as a matter of law.

Kent v. Humphries · filed 1981-08-17Rule 56(c)

Summary judgment is properly granted only “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.”

Under Rule 56, the party seeking summary judgment must show that no triable factual issue exists; the court determines whether an issue exists rather than deciding it.

Foster v. Winston-Salem Joint Venture · filed 1981-08-17Rule 56(c)

The party moving for summary judgment has the burden of establishing the absence of any triable issue of fact. The purpose of Rule 56 is not to allow the court to decide an issue of fact, but to determine whether a genuine issue of fact exists and thereby eliminate the necessity of a formal trial where only questions of law are involved and a fatal weakness in the claim or defense of a party is exposed.

Rule 56(e) requires a party opposing a supported summary judgment motion to set forth specific facts showing a genuine issue for trial rather than rely on pleading allegations.

Treadway v. Clinchfield Railroad · filed 1981-09-15(e)

On a motion for summary judgment, G.S. 1A-1, Rule 56(e) provides, inter alia, that “when a motion for summary judgment is made and supported as provided in this rule, an adverse party may not rest upon the mere allegations ... of his pleadings, but his response . . . must set forth specific facts showing that there is a genuine issue for trial.”

Under Rule 56(c), the moving party bears the burden of showing no triable factual issue, and the motion is considered in the light most favorable to the opposing party.

Dealers Specialties, Inc. v. Neighborhood Housing Services, Inc. · filed 1981-10-06Rule 56(c)

The burden is on the moving party to establish the lack of a triable issue of fact, and the motion must be considered in the light most favorable to the party opposing summary judgment.

Rule 56(c) permits summary judgment when the record shows no genuine issue of material fact and a party is entitled to judgment as a matter of law.

News & Observer Publishing Co. v. Wake County Hospital System, Inc. · filed 1981-12-01Rule 56(c)

Summary judgment is proper where “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.” G.S. 1A-1, Rule 56(c).

Rule 56 permits summary judgment when no genuine issue of material fact exists and a party is entitled to judgment as a matter of law; the court determines whether a factual issue exists rather than deciding it.

Hiatt v. Burlington Industries, Inc. · filed 1982-02-02Rule 56

Under G.S. 1A-1, Rule 56, summary judgment is proper when “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 judgment as a matter of law.” The purpose of the rule is not to allow the trial court to decide an issue of material fact, but to allow it to determine whether a genuine issue of material fact exists.

Rule 56(c) does not permit summary judgment when the moving party cannot clearly establish the absence of a genuine issue of material fact.

Miller v. Triangle Volkswagen, Inc. · filed 1982-02-02Rule 56(c)

In this case the defendant could not clearly establish the lack of any genuine issue of material fact. Consequently summary judgment on this issue was improvidently granted.

Rule 56(e) requires the court to consider admissible evidence tendered in opposition to summary judgment.

Whitman Ex Rel. Wilson v. Forbes · filed 1982-02-16Rule 56(e)

Having determined that the tendered evidence was admissible and that it should have been considered under Rule 56(e), we must now determine whether the tendered evidence was sufficient to raise a genuine issue of material fact regarding plaintiffs constructive trust or unfair and deceptive trade practice claims.

Rule 56 permits summary judgment only when there is no genuine issue of material fact and the moving party is entitled to judgment as a matter of law.

Rathburn v. Hawkins · filed 1982-02-16Rule 56

G.S. 1A-1, Rule 56, provides that a motion for summary judgment is properly granted if the pleadings and other documents filed show that there is no genuine issue as to any material fact and that the moving party is entitled to judgment as a matter of law.

Rule 56 requires a summary judgment movant to show that no genuine issue of material fact remains and that the movant is entitled to judgment as a matter of law.

Allen Ex Rel. Allen v. Equity & Investors Management Corp. · filed 1982-04-06Rule 56

On a motion for summary judgment, G.S. 1A-1, Rule 56, provides that the movant must show the court that there are no genuine issues of material fact to be tried in the case and that the moving party is entitled to summary judgment as a matter of law.

Summary judgment is generally inappropriate when the movant’s entitlement to judgment depends on whether its conduct was reasonable and reasonable minds could differ.

Farmers Bank of Sunbury v. City of Elizabeth City · filed 1981-10-06Rule 56(c)

We find this reasoning to be applicable in the present case, especially since defendant’s prevailing on its motion for summary judgment depends upon an interpretation of the reasonableness of the building inspector’s diligence in identifying and ascertaining the whereabouts of interested parties as required by G.S. § 160A-445. ... We hold summary judgment for defendant was improper, and the court did not err in denying plaintiffs’ motion for summary judgment.

Under Rule 56, an unpleaded affirmative defense raised by the evidence should be considered on summary judgment, although formally amending the pleadings is better practice.

Ridings v. Ridings · filed 1982-02-02Rule 56

Thus, although it is better practice to require a formal amendment to the pleadings, unpleaded defenses, when raised by the evidence, should be considered in resolving a motion for summary judgment.

Rule 56(c) requires judgment for any party entitled to it as a matter of law when the record shows no genuine issue of material fact.

Light v. Equitable Life Assurance Society of the United States · filed 1982-02-16Rule 56(c)

G.S. § 1A-1, Rule 56(c) provides that judgment shall be entered for any party if the pleadings, depositions, answers to interrogatories, and admissions on file, together with the affidavits, if any, disclose there are no genuine issues of material fact and that any party is entitled to judgment as a matter of law.

Rule 56 permits summary judgment only when the moving party shows that no genuine issue of material fact remains for trial.

Brooks v. Carolina Telephone & Telegraph Co. · filed 1982-04-20Rule 56

Summary judgment, pursuant to the provisions of G.S. 1A-1, Rule 56 of the Rules of Civil Procedure, may be entered only when the moving party has been able to show that there is no genuine issue as to any material fact remaining to be tried.

Rule 56 requires a summary judgment movant to show that no genuine issue of material fact remains and that the movant is entitled to judgment as a matter of law.

Hockaday v. Morse · filed 1982-05-04

On a motion for summary judgment under G.S. 1A-1, Rule 56, the burden is on the movant to show to the court that there are no genuine issues of material fact to be tried in the case and that the movant is entitled to summary judgment as a matter of law.

Rule 56 permits summary judgment when no genuine issue of material fact exists and the moving party is entitled to judgment as a matter of law.

FT. RECOVERY INDUSTRIES, INC. v. Perry · filed 1982-05-18

Pursuant to G.S. 1A-1, Rule 56, summary judgment will be granted when the moving party has shown that there is no genuine issue as to any material fact and that he is entitled to judgment as a matter of law.

Rule 56(c) permits summary judgment when the moving party shows that an essential element of the opposing claim is nonexistent.

Taylor v. Greensboro News Co. · filed 1982-06-01Rule 56(c)

Given such stipulated facts, we are persuaded that defendant has shown that an essential element of plaintiffs claim, actual malice by defendant, is nonexistent, and that defendant is entitled to judgment as a matter of law.

Rule 56 requires the court to determine whether a genuine issue of material fact requires trial, without resolving disputed facts on summary judgment.

Jones v. City of Burlington · filed 1982-07-06Rule 56

Upon a motion for summary judgment, the trial court does not attempt to resolve issues of fact; rather it decides whether there is a genuine issue of material fact necessitating a trial.

A party opposing a supported summary judgment motion must offer affidavits or other evidence showing a genuine issue for trial.

Town of Atlantic Beach v. Young · filed 1982-08-03Rule 56(e)

Plaintiff then had the burden to respond, by affidavit or other evidentiary matter, to show contrary material facts, and that there thus was a genuine issue for trial.

Rule 56(c) permits summary judgment only when no genuine issue of material fact remains; the judge does not resolve factual disputes.

Shew v. Southern Fire & Casualty Co. · filed 1982-08-17Rule 56(c)

In ruling on a motion for summary judgment, the trial judge does not decide issues of fact but merely determines whether a genuine issue of fact exists. ... There are questions of fact as to the amount of damages to be recovered, if any. The trial judge erred in granting the motion for summary judgment.

Rule 56 permits summary judgment only when the record shows no genuine issue of material fact and a party is entitled to judgment as a matter of law.

Southern Railway Co. v. ADM Milling Co. · filed 1982-09-07Rule 56

Judgment shall be rendered forthwith if the pleadings, depositions, answers to interrogatories, and admissions on file, together with affidavits, if any, show that there is no genuine issue of material fact and that one of the parties is entitled to judgment as a matter of law. ... The granting of defendant’s motion for summary judgment thus was error.

Rule 56(e) requires a party opposing a supported summary judgment motion to set forth specific facts showing a genuine issue for trial.

City of Statesville v. Credit & Loan Co. · filed 1982-09-07Rule 56(e)

Upon this showing by defendant, plaintiff could not "rest upon the mere allegations... of [its] pleading, but [its] response... [had to] set forth specific facts showing that there [was] a genuine issue for trial." G.S. 1A-1, Rule 56(e).

Rule 56 permits summary judgment when the plaintiff establishes that no genuine issue of material fact exists and is entitled to judgment as a matter of law.

EXXON CHEM. AMERICAS, DIV. OF EXXON v. Kennedy · filed 1982-10-05Rule 56

Because plaintiff has carried its burden of establishing that no genuine issue as to any material fact exists, and because plaintiff is entitled to judgment as a matter of law, summary judgment in its favor was appropriate.

Rule 43(e) permits oral testimony at a summary judgment hearing.

Propst Construction Co. v. North Carolina Department of Transportation · filed 1982-04-20Rule 43(e)

While this Court has expressed some concern about the “overzealous use” of oral testimony in a hearing in a summary judgment motion, Walton v. Meir, 14 N.C. App. 183, 188-89, 188 S.E. 2d 56, 60-61, cert. denied, 281 N.C. 515, 189 S.E. 2d 35 (1972), the permissibility of such testimony was noted in Kessing v. Mortgage Corp., 278 N.C. 523, 180 S.E. 2d 823 (1971), on the basis of G.S. 1A-1, Rule 43(e). Consequently, we find no error in the trial court’s admission of oral testimony.

Rule 56 permits summary judgment based on an interested party’s testimony when only latent credibility doubts remain, the opponent offers no contrary evidence or specific impeachment, and summary judgment is otherwise appropriate.

Green Ex Rel. Downs v. Duke Power Co. · filed 1982-05-04Rule 56(c)

This Court has held that summary judgment may be entered on the basis of testimonial evidence of an interested party (1) when there are only latent doubts as to the witness’s credibility (i.e., doubts stemming from the witness’s status as an interested party); (2) when the opposing party has failed to- present materials in opposition, failed to point to specific areas of impeachment and contradiction, and failed to utilize Rule 56(f); and (3) when summary judgment is otherwise appropriate.

Rule 56(c) requires summary judgment when no genuine issue of material fact remains and a party is entitled to judgment as a matter of law.

Lineberry v. Lineberry · filed 1982-10-19Rule 56(c)

Summary judgment should be granted “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.” G.S. 1A-1, Rule 56(c). In this case the contract is not ambiguous, and the actions of the parties are not in dispute. The issues raised by plaintiff were inadmissible under the parol evidence rule. Since there is no genuine issue of material fact, summary judgment should have been entered in favor of defendant.

Rule 56(c) requires courts to use summary judgment cautiously so that a party with a genuine disputed factual issue is not deprived of a trial.

Angola Farm Supply & Equipment Co. v. FMC Corp. · filed 1982-11-02Rule 56(c)

This rule provides a drastic remedy, and must be used with due regard to its purposes and with a cautious observance of its requirements so that no person shall be deprived of a trial on a genuine disputed factual issue.

Rule 56 places the burden on the party moving for summary judgment to show that no triable factual issue exists, with the record viewed in the opposing party’s favor.

Sharpe Ex Rel. Sharpe v. Quality Education, Inc. · filed 1982-11-02Rule 56

The burden is on the moving party to establish the lack of triable issues of fact. In considering a motion for summary judgment, the court must look at the record in the light most favorable to the party opposing the motion.

Rule 56(c) requires denial of summary judgment when a genuine issue of material fact remains; the court determines whether the issue exists, not how it should be resolved.

Godwin Sprayers, Inc. v. Utica Mutual Insurance · filed 1982-11-16Rule 56(c)

Our examination of the record and briefs leads us to conclude that summary judgment was improperly granted here. The issue of fact that must be resolved is whether plaintiffs actions, and those of its agent Godwin, put it “in charge of” the USDA plane. We cannot say as a matter of law that the issue is clear. The task of an appellate court in ruling on a summary judgment motion is only to see if the issue of fact exists, not to determine the resolution of the issue.

Rule 56(c) requires no genuine issue of material fact for entry of summary judgment.

Reliance Insurance Co. v. Morrison · filed 1982-11-16Rule 56(c)

As a result, no issue of fact necessary to withstand summary judgment is present.

Rule 56 allows a defendant to obtain summary judgment by showing that the plaintiff cannot prove an essential element of the claim.

Blue Ridge Sportcycle Co., Inc. v. Schroader · filed 1983-02-01

A defendant may show as a matter of law that he is entitled to summary judgment in his favor by showing that there is no genuine issue of material fact concerning an essential element of the plaintiffs claim for relief and that the plaintiff cannot prove the existence of that element.

Rule 56(c) permits summary judgment only when no genuine issue of material fact remains and a party is entitled to judgment as a matter of law.

Brown v. Fulford · filed 1983-02-01Rule 56(c)

Summary judgment shall be rendered “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.” G.S. 1A-1, Rule 56(c). ... Although Fulford strenuously argues that he never had an interest in the property, other than an option, clearly there is evidence from which the jury could find that he had an interest in the property.

Under Rule 56(c), a factual dispute is material if it could establish a legal defense, affect the result, or determine whether a party can prevail.

Williamson v. Pope · filed 1983-02-01Rule 56(c)

An issue is material if the facts alleged constitute a legal defense, or affect the result of the action, or if the resolution of the issue is so essential that the party against whom it is resolved may not prevail.

Rule 56(c) permits summary judgment when no genuine issue of material fact exists and a party is entitled to judgment as a matter of law.

Bellefonte Underwriters Insurance v. Alfa Aviation, Inc. · filed 1983-04-05Rule 56(c)

When a summary judgment is sought, either party is entitled to a judgment as a matter of law when there is no genuine issue as to any material fact. G.S. 1A-1, Rule 56(c). In the present case, the existence of and provisions of the insurance policies are admitted, and there is no controversy about the facts. The question at bar is the legal import of those facts, a controversy which presents only a question of law for determination by the court. Armstrong v. McInnis, 264 N.C. 616, 142 S.E. 2d 670 (1965). This case is thus a typical one for summary judgment.

Under Rule 56, summary judgment in a negligence case is proper only if the evidence fails to show the defendant’s negligence or establishes the plaintiff’s contributory negligence so clearly that reasonable people could not differ.

Derrick v. Ray · filed 1983-03-15Rule 56

In applying this standard to the case sub judice, summary judgment for defendants is proper only if the forecast of evidence either fails to show negligence on their part or establishes plaintiffs contributory negligence so clearly that reasonable men could not differ.

Rule 56(c) permits summary judgment when no genuine issue of material fact exists and a party is entitled to judgment as a matter of law.

North Carolina Ex Rel. Horne v. Chafin · filed 1983-05-03Rule 56(c)

Since we agree with the trial court that there is no issue of fact, and defendants are entitled to judgment as a matter of law, there is no need to address the issue of defendants’ immunity.

Rule 56(c) requires denial of summary judgment when the evidence raises a genuine issue of material fact.

Sauls v. Charlotte Liberty Mutual Insurance · filed 1983-06-07Rule 56(c)

Because the plaintiffs affidavit raises a question of fact, we reverse the entry of summary judgment.

Under Rule 56(c), a court deciding whether a genuine issue of material fact exists must view the submitted materials in the light most favorable to the party opposing summary judgment.

Bradshaw v. McElroy · filed 1983-06-07Rule 56(c)

In determining whether a genuine issue of material fact exists, the court must view all material furnished in support of and in opposition to the motion for summary judgment in the light most favorable to the party opposing the motion.

Rule 56(c) permits summary judgment only when there is no genuine issue of material fact.

Elmore's Feed & Seed, Inc. v. Patrick · filed 1983-06-21Rule 56(c)

There was a “genuine issue of material fact” on whether the plaintiff was negligent in not informing the defendant of the change in the feed. Summary judgment under G.S. 1A-1, Rule 56(c) is proper when there is “no genuine issue as to any material fact....”

Rule 56(c) permits summary judgment when there is no genuine issue of material fact and the moving party is entitled to judgment as a matter of law.

Byrd Motor Lines, Inc. v. Dunlop Tire & Rubber Corp. · filed 1983-07-19(c)

Summary judgment under G.S. 1A-1, Rule 56(c) is proper when there is “no genuine issue as to any material fact. . . .”

Rule 56(c) permits summary judgment when the facts are undisputed and the moving party is entitled to judgment as a matter of law.

Lewis v. City of Washington · filed 1983-08-16Rule 56(c)

Since the parties are in agreement as to the facts, summary judgment was proper if defendant was entitled to judgment as a matter of law. G.S. 1A-1, Rule 56(c).

Rule 56(c) allows summary judgment only when there is no genuine issue of material fact and the moving party is entitled to judgment as a matter of law.

Johnson v. Manning · filed 1983-09-06Rule 56(c)

Summary judgment is proper only when 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 the moving party is entitled to judgment as a matter of law. ... Therefore, summary judgment for plaintiff was improper, and the judgment of the court must be Reversed.

Rule 56(c) permits summary judgment only when there is no genuine issue of material fact.

Cleland v. Children's Home, Inc. · filed 1983-09-20Rule 56(c)

Summary judgment is proper only if "there is no genuine issue as to any material fact...." G.S. 1A-1, Rule 56(c).

Rule 56(c) allows summary judgment when the record, viewed in the non-movant’s favor, shows no genuine issue of material fact and the moving party is entitled to judgment as a matter of law.

Frendlich v. Vaughan's Foods of Henderson, Inc. · filed 1983-10-04Rule 56(c)

On a motion for summary judgment, the question before the Court is whether the pleadings, discovery documents and affidavits, viewed in the light most favorable to the non-movant, support a finding that there is no genuine issue as to any material fact and that the moving party is entitled to judgment as a matter of law.

Rule 56(c) permits summary judgment when the moving party makes a prima facie showing of entitlement to judgment and the opposing party presents no evidence creating a genuine issue of material fact.

State Ex Rel. Grimsley v. Buchanan · filed 1983-10-04Rule 56(c)

Plaintiff made a prima facie showing that it was entitled to recover the penalty and obtain compliance with the Act. Defendants presented no evidence in opposition. There thus was no genuine issue of material fact, and plaintiff was entitled as a matter of law to the relief granted.

Rule 56 permits summary judgment only when the record shows no genuine issue of material fact and the moving party is entitled to judgment as a matter of law.

McCullough v. Amoco Oil Co. · filed 1983-10-04Rule 56

Because summary judgment deprives a party of an opportunity to develop its case by witnesses, summary judgment is proper only when the pleadings, discovery responses, together with the affidavits, if any, show that there is no genuine issue as to any material fact and that the moving party is entitled to judgment as a matter of law.

Rule 56 permits summary judgment when the record shows no genuine issue of material fact.

Brown v. North Carolina Wesleyan College, Inc. · filed 1983-12-20Rule 56

Based upon the materials in the record, we conclude that there is no genuine issue of material fact, and thus summary judgment for defendant was proper.

Rule 56 permits summary judgment only when no genuine issue of material fact exists and a party is entitled to judgment as a matter of law.

Durham v. Cox · filed 1984-01-03Rule 56

Summary judgment is the device whereby judgment is rendered if the pleadings, depositions, interrogatories, and admissions of file, together with any affidavits, 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.

Rule 56(c) permits summary judgment when no genuine issue of material fact remains and a party is entitled to judgment as a matter of law; the moving party bears the burden of showing that no material factual issue remains.

Elliott v. Duke University, Inc. · filed 1984-02-21Rule 56(c)

The question before the court on motion for summary judgment is whether the pleadings, depositions, answers to interrogatories, and admissions for file, together with the affidavits, if any, show that there is no genuine issue as to any material fact and that a party is entitled to judgment as a matter of law. G.S. 1A-1, Rule 56(c). The burden upon the moving party is to establish that there is no genuine issue as to any material fact remaining to be determined.

Rule 56(c) bars summary judgment when a genuine issue of material fact exists.

Asher v. Asher · filed 1984-02-21Rule 56(c)

It is elementary that a motion for summary judgment should not be granted where a genuine issue of material fact exists. G.S. 1A-1, Rule 56(c). For this reason the judgment of the trial judge is reversed, and the case remanded for trial.

Rule 56(c) permits summary judgment when the record shows no genuine issue of material fact and a party is entitled to judgment as a matter of law.

Poythress v. Libbey-Owens Ford Co. · filed 1984-04-17Rule 56(c)

N.C. Gen. Stat. § 1A-1, Rule 56(c) of the Rules of Civil Procedure directs that a motion for summary judgment should be granted “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.”

Rule 56(c) permits summary judgment when no genuine issue of material fact exists and the dispute presents a question of law.

Texaco, Inc. v. Creel · filed 1984-04-30(c)

Because no genuine issue of material fact has been presented, summary judgment is an appropriate vehicle for determining the contentions of the parties.

Rule 56 permits summary judgment when no genuine issue of material fact remains and the movant is entitled to judgment as a matter of law.

Parks v. Perry · filed 1984-05-01Rule 56

Summary judgment is proper, according to G.S. 1A-1, Rule 56, when the movant establishes “ ‘that there is no genuine issue as to any material fact and that the moving party is entitled to a judgment as a matter of law.’ ”

Under Rule 56(c), a party moving for summary judgment must establish its entitlement to judgment even when the opposing party submits no evidence; material contradictions or unresolved credibility questions in the movant’s evidence defeat the motion.

Perry v. Aycock · filed 1984-06-05Rule 56(c)

However, mere failure to respond with opposing affidavits or depositions does not automatically mean that summary judgment is appropriate. The moving party must still succeed on the strength of its evidence, and when that evidence contains material contradictions or leaves questions of credibility unanswered, the movant has failed to satisfy its burden.

Rule 56(c) permits summary judgment only when no genuine issue of material fact exists and a party is entitled to judgment as a matter of law.

Snipes v. Jackson · filed 1984-06-19Rule 56(c)

Summary judgment is proper “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.” ... The pleadings, depositions of the parties, exhibits and affidavits of expert witnesses forecast evidence which necessitates a jury trial.

Rule 56(c) permits summary judgment in a negligence action only when no genuine issue of material fact remains.

Cole v. Duke Power Co. · filed 1984-05-01Rule 56(c)

We agree with plaintiff that this is not one of the “exceptional negligence” cases in which summary judgment is proper. Reasonable minds could differ as to whether, when an electric company places a cabinet containing high voltage in a residential area, it should place warning signs on the cabinet.