7.10.2 Summary Judgment.

• Jurisdiction: Arizona

7.10.2 Summary Judgment.

Arizona courts generally grant summary judgment if no two reasonable people could disagree as to a material factual issue when the facts are viewed in a light most favorable to the non-moving party.⁷⁴ In a defamation case, a court will grant a defense motion for summary judgment unless a plaintiff’s evidence establishes a prima facie case with “convincing clarity.”⁷⁵ Placing this heightened burden on the plaintiff “is rooted in the notion that the expense of defending a meritless defamation case could have a chilling effect on First Amendment rights.”⁷⁶

Absolute or qualified privileges typically form the...