What constitutes a legitimate basis for a motion for summary judgment?

A legitimate basis for a motion for summary judgment is when there is an unchallenged assertion of a material fact. This means that one party has provided adequate evidence supporting a crucial fact of the case, and the opposing party has failed to contest it. In the context of a summary judgment motion, the court is tasked with determining if there is any genuine dispute concerning material facts that requires a trial. If a factual assertion is not disputed, it can be accepted as true, which can lead to a ruling in favor of the moving party without the need for trial.

The key to understanding this is the nature of material facts; these facts are essential to the outcome of the case. If one party asserts a material fact and that assertion goes unchallenged, the court can conclude that there is no need for further examination since the opposition has not provided any evidence to counter it. Thus, the presence of an unchallenged assertion becomes a strong basis for summary judgment as it demonstrates a lack of genuine dispute over critical elements of the case.