In this task, you will be shown a prompt from a judicial decision and multiple holding statements derived from citations following text in a legal decision. Holdings represent the governing legal rule when the law is applied to a particular set of facts. There are five answer choices for each citing text. The correct answer is the holding statement that corresponds to the citing text. You should write an incorrect option. Even though there exist multiple wrong answers, we only need a single wrong answer. There is a <HOLDING> token in the position of the citing text prompt where the holding statement was extracted.
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Question: motions). The Second Circuit has not yet announced a specific standard for exercising the district court's discretion in ruling on such a motion. The Second Circuit has, however, stated that: "[o]nly 'reasonably genuine surprise' on the part of the appellant, Moylan v. Siciliano, 292 F.2d 704, 705 (9th Cir.1961), combined with an assertion of the nature of the additional evidence, Berns v. Pan Am. World Airways, 667 F.2d 826, 829 (9th Cir.1982), would give us sufficient reason to remand for the taking of additional evidence." Air et Chaleur, S.A. v. Janeway, 757 F.2d 489, 495 (2d Cir.1985); see also Matthew Bender & Co., 158 F.3d at 679 (upholding district court's decision to permit party to re-open a hearing where (1) additional evidence was material, (2) opposing part (S.D.N.Y.1994) (<HOLDING>). I shall consider the issue of Plaintiff's
Holding statements: (A) holding that the rules of procedure are structured to provide the nonmovant with substantially more time for filing affidavits than the moving party because the nonmoving party should have an opportunity to examine and reply to the moving partys papers before the court considers them (B) holding that an appellate court is not required to search the appellate record with no guidance from the briefing party to determine if the record supports the partys argument (C) holding that the party moving for summary judgment waived its argument that the opposing partys affidavit should not be considered because the moving party never objected to the timeliness of the affidavit to the trial court (D) holding that when appraising a partys motion to reopen the record posttrial the court must consider 1 whether or not the moving partys failure to submit evidence was the result of its own lack of diligence 2 the extent to which reopening the record might prejudice the nonmovant and 3 where the interests of justice lie (E) holding the moving party must meet its burden by showing that is pointing out to the trial court that there is an absence of evidence to support the nonmoving partys case

Answer: holding that the rules of procedure are structured to provide the nonmovant with substantially more time for filing affidavits than the moving party because the nonmoving party should have an opportunity to examine and reply to the moving partys papers before the court considers them

Question: results of a polygraph examination, the opinion of a polygraph examiner, or any reference to an offer to take, failure to take or taking of a polygraph examination, shall not be admitted into evidence. (b) Nothing in this section is intended to exclude from evidence statements made during a polygraph examination which are otherwise admissible. Under the plain language of this rule, the military judge's ruling was correct. By adding this Rule, the 1991 amendment to the Manual for Courts-Martial restored the armed forces to the approach followed in the 1969 Manual. Cf. United States v. Gipson, 24 M.J. 246, 253 (C.M.A.1987)(2-1 decision holding that the trial judge has the discretion to admit the results of polygraph examinations); United States v. Williams, 39 M.J. 555, 558 (A.C.M.R.1994)(<HOLDING>). The concerns behind this rule include: that
Holding statements: (A) holding ban violated the sherman act (B) holding that the governments use of classified evidence in detentionpendingdeportation proceedings violated detainees due process rights and inter alia justified his release (C) holding that the trial court properly excluded evidence that other persons had a motive to kill the victims because inter alia such evidence was speculative (D) holding that the absolute ban on polygraph evidence violated due process and the right to present evidence citing inter alia chambers v mississippi 410 us 284 93 sct 1038 35 led2d 297 1973 (E) holding that suppression of evidence by the prosecution of evidence favorable to the defendant upon request violates the defendants right to due process where the evidence is material

Answer: holding ban violated the sherman act

Question: decision contained numerous citations to both federal precedent and state court decisions which were based on federal due process principles. In the FAR petition, Davis specifically noted the factual underpinnings of his claim: "[T]he prosecutors suppressed the fact that Frame ... refused to be interviewed by the defendants because of threats by Delinsky...." Pet'r's Mem.Ex. A at 24. Davis focused his argument in the FAR petition, however, on the failure of the trial justice to hold an evidentiary hearing regarding this and other suppression claims. See id. at 25. Davis characterized his claims as "allegations of constitutional violations," "allegations of constitutional dimensions," and as a "Due Process" violation contrary to United States v. Dansker, 565 F.2d 1262 (3d Cir.1977) (<HOLDING>), cert. dismissed, 434 U.S. 1052, 98 S.Ct. 905,
Holding statements: (A) holding that there was a genuine issue of material fact precluding summary judgment (B) holding nonmoving partys affidavit created genuine issue of material fact as to the existence of an employment relationship (C) holding that plaintiff failed to show genuine issue of material fact on equitable estoppel claim (D) holding that where affidavits raise a genuine issue of material fact as to a brady claim an evidentiary hearing should be conducted (E) holding that due process requires an evidentiary hearing when parties submissions in contempt proceedings raise disputed issue of material fact

Answer:
holding that there was a genuine issue of material fact precluding summary judgment