Which statement about admissible sources is true for a summary judgment motion?

• A. Only admissions are admissible
• B. Admissions, stipulations, and interrogatory answers are admissible as evidence
• C. Hearsay is never admissible
• D. Affidavits must be sworn

Answer: (B)

In a summary judgment motion, the evidence the court may consider must be admissible in form—what could actually be introduced at trial. Admissions by a party opponent, stipulations on facts, and sworn answers to interrogatories are classic examples of admissible materials that can be used to support or oppose the motion. An admission can prove the truth of the matter because it comes from the party itself. Stipulations bind the parties to agreed facts, removing those issues from dispute. Sworn interrogatory answers count as testimony on the facts and can support the movant or the opponent just as live testimony would. These sources are routinely relied on because they are already in a form that courts recognize as evidence.

Hearsay isn’t categorically excluded from consideration, but it isn’t universally admissible; it must either fall under an exception or be an admissible form, such as an admission by a party opponent. Affidavits are a common admissible form, but they’re not the only option—declarations under penalty of perjury and other admissible documents can also satisfy the requirement that evidence be in admissible form.