Question: At step 1 in a motion for summary judgment, what does Celotex require of a moving party who bears the burden of persuasion at trial
At step 1 in a motion for summary judgment, what does Celotex require of a moving party who bears the burden of persuasion at trial (usually the plaintiff)?
- Produce evidence sufficient to negate an essential element of the opposing party's defense.
- Nothing, until the opposing party raises an affirmative defense.
- Show an absence of evidence to support the essential elements of the opposing party's claim or defense.
4. Provide evidence sufficient to establish each essential element of her claim.
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