Assume the disclosure and discovery yielded the promissory note itself, whose truth the defendant does not contest. Assume also that the defendant answered questions under oath during the discovery phase of the proceedings. In those answers, the defendant admitted to signing the promissory note and admitted that he did not repay the money. The plaintiff files a Rule 56 motion for summary judgement. The motion will be:

- Denied, because the jury can decide which facts are true and which facts are false; or

- Granted, because the plaintiff's claims alone without any evidence would be enough for summary judgement; or

- Granted, because summary judgment would prevent a futile trial where there are no genuine material facts in dispute; or

- Denied, because the defendant could change his story at trial and admit that he lied under oath during the discovery phase of the trial.