Motion for Summary Judgment New Hampshire
In order for a motion for summary judgment to succeed, the court must find "that there is no genuine issue as to any material fact and that the moving party is entitled to judgment as a matter of law." RSA 491:8-a, III.
A fact is "material" if it affects the outcome of the litigation under the applicable substantive law. Palmer v. Nan King Rest., Inc., 147 N.H. 681, 683, 798 A.2d 583 (2002).
In considering the motion, the court will examine the evidence submitted and make all necessary inferences from the evidence in the light most favorable to the non-moving party. Sintros v. Hamon, 148 N.H. 478, 480, 810 A.2d 553 (2002).
After a motion for summary judgment is filed with proper support, "the adverse party may not rest upon mere allegations or denials of his pleadings, but his response, by affidavits or by reference to depositions, answers to interrogatories, or admissions, must set forth specific facts showing that there is a genuine issue for trial." RSA 491:8-a, IV.
"To the extent that the non-moving party either ignores or does not dispute facts set forth in the moving party's affidavits, they are deemed admitted for purposes of the motion." New Hampshire Division of Human Services v. Allard, 141 N.H. 672, 674, 690 A.2d 566 (1997).