Question

A mechanic sued his former employer in federal court, claiming that the employer had discharged him because of his age in violation of federal law. The employer answered, denying the claims and promptly moving for summary judgment. In support of the motion, the employer attached the mechanic's employment evaluations for the past three years, which rated his skills and performance as poor and culminated in a recommendation for his discharge. What is the mechanic's best argument to defeat the summary judgment motion

Answer 1

Answer:

The essential facts are unavailable to the mechanic and therefore discovery is required. (Civil Procedure-Motions)

Explanation:

In United States law, the motion to be considered as the procedural device so that it brings the limited and contested issue prior a decision could be taken by the court. It is the request that made to the judge for making out the decision for the case also the party that oppose to the motion should be the non-moving party

So as per the given situation, the important facts are not available to the mechanic and so the discovery is needed