Motion for Summary Disposition Michigan
In Village of Dimondale v. Grable, 240 Mich. App. 553, 566; 618 N.W.2d 23 (2000), the Court explained the legal standard that applies to a motion for summary disposition pursuant to MCR 2.116(C)(10):
Under MCR 2.116(C)(10), summary disposition may be granted if there "is no genuine issue as to any material fact, and the moving party is entitled to judgment . . . as a matter of law." MCR 2.116(C)(10).
A court must consider the pleadings as well as affidavits, depositions, admissions, and other documentary evidence in the light most favorable to the nonmoving party. Ritchie-Gamester v. City of Berkley, 461 Mich. 73, 76; 597 N.W.2d 517 (1999).
However, the nonmoving party must produce evidence showing a material dispute of fact left for trial in order to survive a motion for summary disposition under this court rule. MCR 2.116(G)(4); Etter v. Michigan Bell Telephone Co, 179 Mich. App. 551, 555; 446 N.W.2d 500 (1989).