Summary Judgment– Burden of Production
Shifts BOP P’s Directed Verdict Area Jury Decision Area Meets BOP D’s Directed Verdict Area
Shifts BOP P’s Directed Verdict Area Jury Decision Area Meets BOP D’s Evidence D’s Directed Verdict Area P’s Evidence
Shifts BOP P’s Directed Verdict Area Jury Decision Area Meets BOP D’s Directed Verdict Area Walt: I saw him go in of his bicycle! the house. Five Walt: I saw. No Evidence Walt: I saw him decapitated! him fall minutes later the house blew up!
Shifts BOP P’s Directed Verdict Area Jury Decision Area Meets BOP Wes: They Willy: I saw weren’t Sam wearing their yesterday. glasses. D’s Directed Verdict Area 40 Bishops: I saw him decapitated!
P’s Directed Verdict Area Shifts BOP Jury al Decision g ion Le pt Area m su re Meets BOP But Wife P could be lying. D’s Directed Verdict Area Wife: He left 9 years ago & I haven’t seen him since.
Shifts BOP P’s Directed Verdict Area he Jury lt n ng o Decision ga i ei t tt L bu mp Area e u R s re Meets BOP Wes: I saw P him 2 days ago. D’s Directed Verdict Area Stipulated: He left 9 years ago & Wife hasn’t seen him since.
When Do We Test Whether P Has Met What Does Court Consider? the Burden of Production? • 12(b)(6) • 12(c) • Directed Verdict • JNOV • Appeal • MSJ Allegations (Conley) Evidence Admitted at Trial Evidentiary Previw
Three SJ Issues • What does D have to do to force P to “preview” P’s evidence? • What does P have to do to meet BOP? • Procedure Adickes & Celotex Arnstein & Dyer
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