Civil Procedure Multistate Bar Practice Exam

What can a plaintiff include in a motion for summary judgment?

1. Only the complaint

2. Affidavits, declarations, depositions, and interrogatories

3. Testimony from witnesses

4. The final judgment outcome

The correct answer is: Affidavits, declarations, depositions, and interrogatories

In a motion for summary judgment, the plaintiff can include affidavits, declarations, depositions, and interrogatories. This is because summary judgment is aimed at resolving the case before it goes to trial by demonstrating that there are no genuine disputes of material fact. The inclusion of affidavits and declarations allows parties to provide sworn statements that support their arguments for summary judgment. Depositions and interrogatories are important as they consist of sworn testimony from parties and written questions that must be answered under oath, respectively. Together, these components can establish the facts of the case and demonstrate that the moving party is entitled to judgment as a matter of law. The other options are limited or inappropriate for this context. The complaint is merely the initial pleading and does not provide the substantive evidence required for a motion for summary judgment. Testimony from witnesses may be important at trial, but typically needs to be gathered in the form of recorded depositions or affidavits when supporting a summary judgment motion. Lastly, the final judgment outcome is not something that can be included in a motion; rather, it is the result of the court's decision following the motion process. Thus, option B encompasses the necessary elements that can be included to support a motion for summary judgment effectively