All ▸ Bar 2024 ▸ REMEDIAL LAW, LEGAL AND JUDICIAL ETHICS ▸ III. CIVIL PROCEDURE (1997 Rules on Civil Procedure as amended by A.M. No. 19-10-20-SC) ▸ Q. Judgments and Final Orders ▸ 2. Summary Judgment - Rule 35

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Judgments and Final Orders: Summary Judgment - Rule 35

In a civil case, Party A filed a complaint against Party B for breach of contract. After the filing of an Answer by Party B, both parties conducted the necessary pre-trial conference and discovery procedures. Party A believes that there is no genuine issue as to any material fact and that it is entitled to a summary judgment as a matter of law.

Based on the given scenario, answer the following question:

What is the purpose of a summary judgment in a civil case?
Discuss the requirements and procedure for the grant of summary judgment under Rule 35 of the Rules of Court in the Philippines.
Can Party A validly file a motion for summary judgment in this case? Explain your answer.
If Party B opposes the motion for summary judgment, what are the available remedies for Party B to contest the grant of summary judgment?

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