What is a requirement for obtaining summary judgment according to the moving party?

To obtain summary judgment, the moving party is required to provide a prima facie showing of entitlement to judgment as a matter of law. This means they must present sufficient evidence and demonstrate that there is no genuine issue of material fact that requires a trial. By establishing this, the moving party shows the court that there are no facts in dispute that would necessitate proceeding to a full trial, thereby warranting a judgment in their favor based solely on the law.

This requirement is crucial because it places the burden on the moving party to affirmatively demonstrate the absence of any significant factual disputes. If the moving party successfully meets this burden, the court may grant summary judgment without the need for further examination at trial.

Other options do not accurately reflect the requirements for moving for summary judgment. For instance, showing that a defense exists is not the standard the moving party must meet; rather, it must establish that it is entitled to judgment based on the evidence presented. Submitting hearsay evidence does not meet the evidentiary standards required in these proceedings, as hearsay is generally inadmissible. Lastly, only providing affidavits from attorneys does not fulfill the requirement, as evidence must typically come from those with personal knowledge and not solely legal arguments from counsel.