Civil Procedure Multistate Bar Practice Exam

When must a motion for summary judgment be filed?

1. Within 14 days after discovery closes

2. No later than 30 days after the close of discovery

3. At any time before trial

4. Only after the jury selection

The correct answer is: No later than 30 days after the close of discovery

A motion for summary judgment must be filed no later than 30 days after the close of discovery. This timing is crucial because it allows the court to consider whether there are any genuine disputes of material fact that warrant a trial, based on the information and evidence gathered during the discovery period. Filing within this timeframe ensures both parties have had an opportunity to gather and share evidence, thus supporting a fair and just determination by the court. While some options suggest different timings, the requirement to adhere to this specific timeframe establishes a clear procedure for moving forward with or concluding litigation without a trial. The ability to file a summary judgment motion is essential for parties wishing to resolve disputes efficiently and can only be pursued effectively when the discovery process has adequately concluded, allowing all pertinent evidence to be considered.