What evidence can be used to support a summary judgment motion?

• A. Affidavits alone
• B. Admissions, stipulations, interrogatory answers, and other materials but must be admissible as evidence
• C. Hearsay statements regardless of exceptions
• D. Only oral testimony

Answer: (B)

For a summary judgment motion, the evidence that can be used must be admissible at trial. The court will consider materials that would be admissible to prove the facts, not just any asserted statements. Affidavits or sworn statements, party admissions, stipulations of fact, and answers to interrogatories are all examples of admissible material that can support or oppose a summary judgment. These pieces of evidence help show that there is no genuine dispute of material fact and that the movant is entitled to judgment as a matter of law.

Hearsay generally cannot be relied upon unless it falls within a recognized exception, so statements that are not admissible as evidence cannot support a summary judgment. And while oral testimony can be used, it is not the only form; sworn written statements and other admissible materials often provide the most effective way to demonstrate an absence of triable issues.