Also known as: forms that would be admissible · admissible form
Written by attorneys · grounded in primary & secondary sources — see below
A standard governing summary judgment evidence that allows a party to object when materials cited to support or dispute a fact cannot be reduced to admissible evidence at trial. The rule requires only that the content be capable of presentation in admissible form through authentication, testimony, or other means rather than demanding trial-ready form at the motion stage.
CloudNest moved for summary judgment in its misappropriation suit against Rita and relied on anonymous forum screenshots purporting to show her admissions. Rita objected that the posts lacked authentication and could never overcome hearsay barriers. The court sustained the objection and disregarded the materials because CloudNest identified no witness or process that could convert them into admissible evidence at trial.
Celotex moved for summary judgment in the asbestos case and challenged Mrs. Catrett's opposition materials. She identified a witness who could testify at trial to the decedent's exposure even though the supporting letter itself was not yet sworn. The court held that the evidence need not already be in admissible form so long as it could be presented through live testimony.
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No. Materials need only be capable of being presented in admissible form at trial through authentication or testimony. The rule expressly permits objections when no such path exists.
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The nonmovant may show that the movant's cited materials cannot be presented in admissible form or do not establish the absence of a genuine dispute. If successful, the movant fails to carry its burden and the motion is denied.
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The court must resolve whether the cited material can be reduced to admissible evidence. If it cannot, the court disregards that material when deciding whether a genuine dispute exists.
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…burden imposed by the substantive law governing the claim. A party opposing summary judgment need not produce evidence in a form that would be admissible at trial in order to avoid summary judgment. Rule 56(e) permits a proper summary judgment motion to be opposed by any of the kinds of evidentiary materials listed in Rule 56(c), except the…