Party Must Provide ARCP 56(f) Affidavit to Preserve Argument that Motion for Summary Judgment is Premature

Where the parties to an action have not engaged in discovery and one party files a motion for summary judgment, the non-moving party may not oppose the motion on the basis of lack of discovery unless the party files an affidavit pursuant to Rule 56(f), explaining why the motion for summary judgment is premature and requesting more time for discovery. Warren v. Hooper, No. 1050285 (Ala. October 26, 2007)