CIVIL PROCEDURE CLASS 10 Catholic University of 民事诉讼10级天主教大学.ppt

CIVIL PROCEDURE CLASS 25 Professor Fischer Columbus School of Law The Catholic University of America October 22, 2003 Burden of persuasion for summary judgment motion Which party has the ultimate burden of persuasion on a summary judgment motion? Shifting burdens on the parties on a motion for summary judgment Ask first: which party has the burden of production at trial on essential element of challenged claim? Moving party? Or Non-moving party? Initial Burden on the Moving Party where moving party has burden of production When would the moving party have burden of production? What is the initial burden on the moving party if that party carries the burden of production of challenged element at trial? The burden then shifts to the opposing party What must that opposing party show? What is the Initial Burden on the Moving Party if the Non moving party has burden of production According to the Supreme Court in Adickes? Was this an easy burden to satisfy? What evidence would have satisfied it? Celotex: Distinguishing Adickes According to Rehnquist, was Adickes rightly decided? How should the language from Adickes quoted at CB p. 488 be construed, according to Rehnquist? Celotex Did Celotex increase or reduce the initial burden on the moving party? Brennan’s Dissent in Celotex Why does Justice Brennan dissent in this case? Does Brennan think that Addickes and Celotex can be reconciled? Do you agree? Why or why not? Inferences for Summary Judgment motions The court will believe the evidence of the non-moving party as true All reasonable inferences will be drawn in the non-moving party’s favor WRAP UP: SUMMARY JUDGMENT A form of pretrial adjudication The moving party ALWAYS bears the burden of persuasion on a summary judgment motion to persuade the judge that there is no genuine issue of material fact and that the moving party is entitled to judgment as a matter of law. But the burden of production on the motion (presenting evidence that clearly establishes there is no