Summary Judgment: Nonmoving Party
Bell v. Montana State Fund [08/02/11] 2011 MTWCC 23 Where no cross-motion for summary judgment is filed but the facts are clear and the law is dispositive, the Court will allow the original movant time to file a supplemental brief as to why the Court should not grant summary judgment in favor of the nonmoving party. While no formal cross-motion is necessary, it is critical that the Court ensure the original movant had full and fair opportunity to be heard |