| If, however, the movant was merely the respondent's occasional guest, the movant may be evictable under the existing warrant. |
| In this they differ from a motion in a civil process in which the burden of proof is on the movant, and in which there can be a question of standing. |
| Although the first factor is generally the most important, the movant need not always show that he probably will succeed on the merits of his appeal. |
| A court grants summary judgment when there is no way the movant can lose at trial. |
| The movant can point either to the other side's inadequacies or can affirmatively negate the claim. |
| The movant must plead facts which will support the conclusion that counsel's actions did not measure up to the customary skill and diligence of a reasonable attorney. |
