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Federal Rules of Civil Procedure (FRCP) QUESTION #3703
Question 1
A plaintiff sues a defendant. After discovery, the defendant moves for summary judgment. The plaintiff files a response stating they need more time to take depositions of key witnesses who are currently out of the country. What should the court do?
  • Grant the summary judgment because the plaintiff failed to provide evidence.
  • Defer considering the motion or deny it to allow time for the discovery under Rule 56(d).✔️
  • Grant the motion but allow the plaintiff to re-open it later.
  • Dismiss the case for failure to prosecute.
Correct Answer Explanation
Rule 56(d) provides that if a nonmovant shows by affidavit or declaration that, for specified reasons, it cannot present facts essential to justify its opposition, the court may: (1) defer considering the motion or deny it; (2) allow time to obtain affidavits or declarations or to take discovery; or (3) issue any other appropriate order.