With no explanation, chose the best option from "A", "B", "C" or "D". on the circuit court orders and the statements of defense counsel at the hearing. We hold that neither the doctors nor the trial court could rely on facts and legal conclusions within the circuit court orders. Thus, the doctors’ assertions at the hearing, which were based on facts within the orders, constituted factual statements of counsel. Moreover, the orders were, in effect, memoranda submitted by counsel. In any event, the trial court could not properly consider factual statements from either when deciding the motions, however they are characterized. Cf. Stiles v. Onorato, 318 S.C. 297, 457 S.E.2d 601 (1995) (noting that the ruling on a 12(b)(6) motion to dismiss must be based solely upon the allegations set forth on the face of the complaint); Gilmore, 290 S.C. 53, 348 S.E.2d 180 (<HOLDING>). This is not to say that circuit court orders

A: holding that a trial court can only consider admissible evidence in ruling on a motion for summary judgment
B: holding that unsworn statements may not be considered on a motion for summary judgment
C: holding that the judge cannot consider factual statements of counsel in a motion for summary judgment
D: holding that motion to dismiss cannot be treated as summary judgment
C.