Summary Judgment Motion Can Rely on Exhibits Already in Record

Deposition testimony filed in the record in connection with an earlier exception may be considered on a subsequent motion for summary judgment; Article 966B does not require that deposition testimony already filed in the record be introduced into evidence at the hearing on the motion for summary judgment. Gatlin v Guy A. Kleinheitz Wheels, Inc., First Circuit, No. 2009 CA 0828 (12/23/09) (Guidry, J, concurs)