What constitutes a proper basis for a summary judgment?

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A proper basis for a summary judgment in civil proceedings is established by demonstrating that there is a lack of any real prospect of success in the proceeding. This principle allows the court to determine that a case is so weak that it would not survive a full hearing, thereby justifying a decision in favor of the moving party without the need for a trial.

In essence, a summary judgment is intended to expedite the legal process by dismissing cases where the evidence presented is insufficient to support a claim or defense. By focusing on the absence of a substantial prospect of success, the court can effectively prevent unnecessary delays and legal resources being consumed on cases that lack merit.

The other options do represent aspects that can be related to legal proceedings but do not serve as standalone grounds for summary judgment. The existence of a witness statement, for instance, may contribute to building a case but does not guarantee the lack of prospects for success. Proving evidentiary materials is fundamental in most legal contexts but does not equate to demonstrating that a claim lacks merit. Similarly, the display of hard evidence might strengthen a party's position but, on its own, does not address the crucial point of assessing the prospect of success in the entire proceeding.

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