Huss v. Huss

CLARK, Judge.

The trial court examined the pleadings and heard oral arguments from counsel in ruling on petitioner’s motion. Information adduced from counsel during oral arguments cannot be used to support a motion for summary judgment under Rule 56(c). On a motion for summary judgment the court may consider evidence consisting of affidavits, depositions, answers to interrogatories, admissions, documentary material, facts which are subject to judicial notice, and any other materials which would be admissible in evidence at trial. Koontz v. City of Winston-Salem, 280 N.C. 513, 186 S.E. 2d 897…