The motion shall be served upon the adverse party at least ten (10) days before the time fixed for the hearing. The adverse party prior to the day of hearing may serve opposing affidavits. The judgment sought shall be rendered forthwith if the pleadings, depositions, answers to interrogatories and admissions offered, together with the affidavits, if any, show that there is no genuine issue as to any material fact and that the moving party is entitled to a summary judgment as a matter of law. A summary judgment, interlocutory in character, may be rendered on any one issue between the parties which can be separated from the remaining issues. Such judgment may be rendered for or against either party to the action.
History —Amended Aug. 4, 1979, No. 197, p. 575, § 1, eff. Aug. 20, 1979.