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0 tracked cards Civil Procedure

In opposing summary judgment, a plaintiff submits deposition testimony from one witness supporting the plaintiff's version of a key event. The defendant submits deposition testimony from two witnesses contradicting that account and argues that its witnesses are more credible.
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At summary judgment, the court must draw all inferences in favor of the movant because the movant filed first. At summary judgment, the court must deny the motion whenever the nonmovant asks for a jury trial. At summary judgment, the court must draw all reasonable inferences in favor of the nonmovant. At summary judgment, the court may decide which witness is telling the truth if both witnesses testified under oath.

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