KY Bar Practice Questions - Kentucky Bar Examination Exam

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A plaintiff moves for summary judgment in Kentucky Circuit Court. Under CR 56 and Kentucky case law (Steelvest, Inc. v. Scansteel Service Center), what standard governs?

Summary judgment is granted whenever the movant shows a probability of success Summary judgment is never available in negligence cases under Kentucky law Summary judgment is proper only where it appears impossible for the nonmoving party to produce evidence at trial warranting a judgment in its favor Summary judgment requires the consent of both parties

Correct Answer:

Summary judgment is proper only where it appears impossible for the nonmoving party to produce evidence at trial warranting a judgment in its favor

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