What is the record of a motion for summary judgment?

The motion record consisted of just under 2000 pages of material, the vast majority of which were filed by the plaintiff. They provided particulars of the plaintiff’s various claims in considerable detail. That material was filed months in advance of the motion for summary judgment. Argument on the motion lasted for two full days. As noted in Shier v. Fiume[1], a defendant “who has been given disclosure to the extent present in this case should be obliged to assess whether he has any evidence on which to make a reasonably arguable case by way of answer.” If he has none yet insists upon his day in court, he should reasonably be expected to fully indemnify the plaintiff.